SAMWU obo Lehole and Others v Calvin Security Services (Pty) Ltd and Another (J 1062/2023)
SAMWU obo Lehole and Others v Calvin Security Services (Pty) Ltd and Another (J 1062/2023) [2023] ZALCJHB 241 (10 August 2023)
The court found that the applicants failed to establish a prima facie right to interim relief. The evidence showed that the employment contracts expired by effluxion of time, and there was no sufficient case for novation or unlawful termination in contractual terms. The union's reliance on section 77(3) of the BCEA was misplaced, as it does not confer substantive rights regarding termination. The dispute was essentially about a refusal to re-employ rather than termination, and the appropriate remedy would have been under the unfair dismissal provisions of the LRA, which the applicants did not…
Source excerpt
- Agency Shop Agreement
- Termination Of Fixed Term Contract
- Prima Facie Right
- Unlawful Termination
- Section 77 Bcea
- Interim Interdict