South Africa Case Law

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022)

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022) [2022] ZALCJHB 220 (5 August 2022)

Court

Labour Court Johannesburg

Case number

J 880/2022

Judge

Prinsloo

The court found that the applicant's contract expressly allowed for termination on 30 days' notice, as per clause 5.1.3. The applicant failed to establish that the contract contained any implied term requiring a hearing or mutual agreement prior to termination. Reliance on sections 14 and 17 of the Public Service Act was misplaced, as these provisions did not restrict the MEC's contractual right to terminate. The applicant's attempt to invoke constitutional and statutory provisions outside the contract was rejected, as the Labour Relations Act provides the appropriate remedy for unfair dismis…

Source excerpt

• Fixed Term Contracts
• Termination On Notice
• Jurisdiction Of Labour Court
• Contractual Claims Under Bcea
• Implied Terms
• Section 23 Constitution

Theron v Premier of The Western Cape Province and Another (1310/2017)

Theron v Premier of The Western Cape Province and Another (1310/2017) [2019] ZASCA 6; (2019) 40 ILJ 1980 (SCA) (8 March 2019)

Court

Supreme Court of Appeal

Case number

1310/2017

Judges

Lewis, Cachalia, Saldulker, Mbha, Dambuza

The SCA held that a fixed-term CEO contract could be terminated on one month’s notice by either party, so the appellant was limited to notice pay.

• Fixed Term Employment Contract
• Contractual Interpretation
• Termination On Notice
• Damages For Unlawful Termination
• Fixed-term-employment-contract
• Contractual-interpretation

Joni v Kei fresh Produce Market (936/2012)

Joni v Kei fresh Produce Market (936/2012) [2018] ZAECMHC 39; (2018) 39 ILJ 2405 (ECM) (14 August 2018)

Court

Eastern Cape High Court, Mthatha

Case number

936/2012

Judge

Dawood

The court found that the employment contract between the parties was for a fixed term but contained clear provisions permitting termination on one calendar month's written notice and for any grounds recognized in law, including operational requirements. The plaintiff failed to demonstrate that the termination was unlawful or that the contract was only terminable upon expiry. The defendant complied with the contractual notice requirements and provided reasons for termination. The interpretation advanced by the plaintiff was not reasonably possible given the express wording of the contract. Acc…

Source excerpt

• Fixed Term Employment Contract
• Termination On Notice
• Absolution From The Instance
• Retrenchment
• Contractual Interpretation

Nonceba v Human Sciences Research Council (2017/5177)

Nonceba v Human Sciences Research Council (2017/5177) [2017] ZAGPJHC 355 (17 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2017/5177

Judge

S.E. Weiner

High Court held that a fixed-term employment contract expressly allowing termination on three months’ notice was validly ended, so no further contractual damages were payable.

• Fixed Term Employment Contract
• Termination On Notice
• Unfair Dismissal
• Contractual Damages
• Fixed-term-employment-contract
• Termination-on-notice

Berger v Semex South Africa (Pty) Ltd (4407/07)

Berger v Semex South Africa (Pty) Ltd (4407/07) [2010] ZAWCHC 7 (8 February 2010)

Court

Western Cape High Court, Cape Town

Case number

4407/07

Judge

Veldhuizen

The court held that an express contractual right to terminate employment on 30 days' notice was validly exercised and did not amount to breach or repudiation.

• Fixed Term Contract
• Termination On Notice
• Contractual Rights
• Employment Agreement
• Employment-law
• Fixed-term-contract

Transnet Ltd v Rubenstein (238/2004)

Transnet Ltd v Rubenstein (238/2004) [2005] ZASCA 60; [2005] 3 All SA 425 (SCA); 2006 (1) SA 591 (SCA) (1 June 2005)

Court

Supreme Court of Appeal

Case number

238/2004

Judges

MPATI, ZULMAN, MTHIYANE, CLOETE, LEWIS

The SCA held that a contract expressly ending on privatization could not be supplemented by a tacit term allowing termination on reasonable notice.

• Contract Duration
• Tacit Terms
• Termination On Notice
• Urgent Application
• Declaratory Relief
• Tacit-terms