South Africa Case Law

Dube and Others v University of Zululand and Others (D956/17)

Dube and Others v University of Zululand and Others (D956/17) [2018] ZALCD 22; [2019] 3 BLLR 285 (LC) (8 November 2018)

Court

Labour Court Durban

Case number

D956/17

Judge

Nkutha-Nkontwana

The court held that the applicants failed to establish a reasonable expectation that their fixed term contracts would be renewed. The University’s operational requirements, specifically the reduction in demand for dining hall services due to changes in the NASFAS funding model, justified its decision not to renew the contracts. The automatic termination clause in the employment contracts was clear and valid, and the commissioner’s reliance on documentary evidence regarding operational losses was proper. The review test is one of correctness, and the commissioner’s finding that no dismissal oc…

Source excerpt

• Fixed Term Contracts
• Reasonable Expectation
• Automatic Termination Clause
• Unfair Dismissal
• Section 186 1 B
• Review Of Arbitration Award

Arendse v Barloworld Ltd (C30/2011)

Arendse v Barloworld Ltd (C30/2011) [2014] ZALCCT 72 (19 May 2014)

Court

Labour Court Cape Town

Case number

C30/2011

Judge

Steenkamp

The Labour Court held that a fixed-term employee failed to prove a reasonable expectation of renewal under section 186(1)(b) of the LRA.

• Fixed Term Contracts
• Reasonable Expectation
• Dismissal Definition
• Section 186 1 B
• Reinstatement
• Onus Of Proof