South Africa Case Law

Independent Municipal And Allied Trade Union and Another v City of Johannesburg Metropolitan Municipality and Others (JA49/2013)

Independent Municipal And Allied Trade Union and Another v City of Johannesburg Metropolitan Municipality and Others (JA49/2013) [2014] ZALAC 3; [2014] 6 BLLR 545 (LAC) (4 March 2014)

Court

Labour Appeal Court

Case number

JA49/2013

Judges

Waglay, C J Musi, Francis

The Labour Appeal Court held that a fixed-term contract dispute was referred prematurely, no dismissal had occurred, and the bargaining council lacked jurisdiction.

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Award
• Premature Referral
• Variation Of Employment Contract

Independent Municipal and Allied Trade Union & Another v City of Johannesburg Metropolitan Municipality & Others (JA49/2013)

Independent Municipal and Allied Trade Union & Another v City of Johannesburg Metropolitan Municipality & Others (JA49/2013) [2014] ZALAC 121 (4 March 2014)

Court

Labour Appeal Court

Case number

JA49/2013

Judges

Waglay, Musi, Francis

The Labour Appeal Court held that the Bargaining Council lacked jurisdiction to adjudicate the dispute because the referral was premature; there was no dismissal at the time of referral. The letter of 12 May 2009 was not a notice of termination but a clarification of the contract's actual termination date. The subsidised education agreement did not vary the employment contract nor create a reasonable expectation of renewal. The employment contract was clear in its duration and terms, and any error in the termination date did not give rise to a reasonable expectation of renewal. The appellants…

Source excerpt

• Fixed Term Contracts
• Reasonable Expectation Of Renewal
• Jurisdiction Of Bargaining Council
• Premature Referral
• Variation Of Employment Contract

Jaarsveld and Others v Mangaung Local Municipality and Another (J637/10)

Jaarsveld and Others v Mangaung Local Municipality and Another (J637/10) [2010] ZALCJHB 327 (11 June 2010)

Court

Labour Court Johannesburg

Case number

J637/10

Judge

Van Niekerk

The Labour Court held that the municipality unlawfully re-assigned the applicants’ posts and duties without written consent, breaching their employment contracts.

• Variation Of Employment Contract
• Unilateral Change Of Terms
• Consent To Contractual Variation
• Final Interdict
• Variation-of-employment-contract
• Unilateral-change-of-terms

Van Jaarsveld and Others v Mangaung Local Municipality and Another (J 637/10)

Van Jaarsveld and Others v Mangaung Local Municipality and Another (J 637/10) [2010] ZALC 288 (11 June 2010)

Court

Labour Court

Case number

J 637/10

Judge

Van Niekerk

The Labour Court held that the municipality’s unilateral reassignment of senior managers breached their employment contracts because no valid consent or written variation was obtained.

• Variation Of Employment Contract
• Unilateral Change Of Terms
• Consent To Contractual Variation
• Final Relief
• Breach Of Contract
• Variation-of-employment-contract