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High Court revision of a CMA labour award. The court held the workers were on specific task contracts, were properly notified of non-renewal, and had not been unfairly terminated.
The High Court upheld dismissal of a labour revision, holding that a fixed-term contract ended automatically on expiry and no reasonable expectation of renewal was proved.
High Court labour revision: the applicant succeeded in part, with compensation increased to 34 months for unfair termination of a fixed-term contract.
The High Court held there was no renewal by default of a fixed-term employment contract and set aside the CMA award of 11 months’ salary.
The applicant was not unfairly terminated; his fixed term contract expired automatically as per its terms. Renewal required mutual agreement and timely notice, which the applicant failed to provide. The respondent complied with legal requirements regarding probation, contract explanation, and record keeping. The applicant is entitled only to transport and subsistence allowances as per statutory provisions, not to compensation or other claims.
Source excerpt
The High Court held that a fixed-term employment contract expired automatically, no reasonable expectation of renewal was shown, and the CMA award was set aside.
The Court of Appeal allowed the appeal, holding there was no доказation of breach because the mine services contract expired by its terms and renewal required mutual consent.
The High Court held that failure to renew a fixed-term contract on similar terms can amount to termination where renewal was reasonably expected.
Applicant failed to prove existence of oral contract or renewal by default; fixed term contract ended automatically as per agreement; no evidence of unfair labour practice or breach of contract; applicant's evidence was unreliable and inconsistent.
Source excerpt
The High Court held that the employer's conduct led the employee to expect renewal of his contract and that refusing renewal breached the relationship.
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