SATAWU obo Dube although some v Fidelity Supercare Cleanup Characteristics Classification (Pty) Ltd (JS) ZALCJHB 129; 8 BLLR 837 (LC); (2015) 36 ILJ 1923 (LC) ()

Brand new respondent are a cleansing contractor and you may, during the time of this dispute, was a student in a cleansing Service Level Arrangement (SLA) to the University of Witwatersrand (Wits School), the respondent’s customer. The fresh new individuals was indeed all members of brand new Southern area African Transport and you will Allied Specialists Union (“SATAWU”), hence starred in this issue for them.

Two of the applicants, specifically Ms Patricia Duduzile Golele and Ms Amina De Lange, didn’t are available at legal within the reading of count, and you will just after hearing submissions of each other agents towards the app to have dismissal of its instances, We produced a ruling compared to that apply at. Thus, which reasoning is only according regarding Ms Agnes Dube (“Dube”).

The latest Individuals were portrayed from the Mr Vusi Shongwe, a trade union specialized of SATAWU, while the Respondent by Mr Sean Snyman, off SNYMAN Lawyer, Johannesburg. I am in financial trouble in order to Mr Snyman to possess his detail by detail minds from objections, at which We have relied for the majority of valuable authorities. I had perhaps not received Mr Shongwe’s composed heads during this period.

This new respondent’s organization is based on cleanup deals this new respondent stops with its clients. This new respondent then makes use of products who will be up coming put so you can render cleaning service at premise of one’s users. Dube is actually employed by the newest respondent because the a management towards the Wits SLA regarded more than, and finished a created Contract of A job (“COE”) into . The fresh salient terms of which package were:

2.1 The latest employee’s employment will start into big date appearing on the new schedule (“brand new plan”) to which so it arrangement is connected and cancel on the big date searching into plan or perhaps the time upon which the package hence exists within team together with customers ended otherwise towards brand new senior years day, any kind of day happens first’. (Focus supplied)

2.2.1 the guy/she fully understands that their offer on consumer you are going to end up being terminated by the customer as well as one lead to otherwise you’ll cancel from the effluxion of energy hence inside effects thereof the type of one’s employee’s a position on company as well as period is entirely dependent upon the size of the company’s package on consumer and that the fresh employee’s deal usually cancel whenever any of the events predicated in 2.1 occur and also the staff completely knows that there’ll be no entitlement regarding severance pay’ . (Focus offered)

Southern Africa: Johannesburg Labor Judge, Johannesburg

Towards the , Wits College offered notice toward respondent of your termination away from this service membership peak contract that have perception out of , the fresh respondent approved most of the team that have characters of that date advising them that respondent’s SLA with Wits School were to already been so you can an-end into . It page and submitted that work of one’s professionals do consequently cancel (with respect to arrangements away from Clause dos.one in its a position contract) to your . It is common trigger that none of your own personnel is actually consulted from the respondent when it comes to section 189 of the Labor Relationships Operate 66 out of 1995, just like the revised (the newest LRA).

Through to the termination of the services top contract, the brand new respondent registered to your a new you to-seasons lengthened SLA that have Wits College, which envisaged a vastly smaller group match and solution, getting a period of one year ending , the latest respondent awarded notices into group informing your respondent got ranking available at Wits University out-of , and welcome the professionals making apps for these bare positions offered at Wits because of the Tuesday . There are eight (seven) vacant positions in the level of executives, and you can 162 (100 and you will sixty two) cleaner ranks.