An employee presented evidence which shows that she had reasonable expectations to be a permanent employee of an employer, despite being employed on a fixed-term contract
Dr Nkambule v Mpumalanga Economic Growth Agency (MP7839/18) CCMA [7 April 2019].
In this matter, the Applicant (“our Client/ Dr Nkambule”) entered into a fixed - term contract (“the employment contract”) with the Mpumalanga Economic Growth Agency (“MEGA”) for a period of 01 November 2013 to 31 October 2018.
At the end of the employment contract, our Client declared an unfair dismissal dispute1 at the CCMA because she had reasonable expectations that MEGA would retain her services indefinitely, considering all that was happening while she was still with MEGA, and that such circumstances justified reasonable expectations. However, MEGA argued that despite all the circumstances the expectations were unreasonable.
The arbitration took place in the Mpumalanga Province, before Commissioner Letsema Mokoena, who based on the evidence presented before him, ruled that our Client, indeed, had a reasonable expectation, and declared that our Client was unfairly dismissed by MEGA.
Thereafter, Commissioner Letsema Mokoena issued an Order that MEGA must retrospectively reinstate our Client, with back pay, on the same terms and conditions of employment which governed the employment relationship prior to the termination date.
MEGA lodged a review application which midway was withdrawn. Dr Nkambule was thereafter reinstated by MEGA and paid the backpay as directed by Commissioner Letsema Mokoena.
For a full copy of the arbitration award, tab on the link below: https://mabasoinc.co.za/sitepad-data/uploads/2024/05/Arbitration-award-carol-nkambule.pdf
