Uthukela District Municipality v Khoza (D 735/2013) [2015] ZALCD 19 (20 March 2015) per Snyman AJ.

Sections 56 and 57 of the Municipal Systems Act (MSA) were considered and interpreted in relation to the employment contract of a senior manager: an Executive Director reporting to the Municipal Manager.  The Labour Court held that the premature termination of the contract amounted to a dismissal that was unfair.  The issue in dispute related to jurisdiction and the usual ‘outcomes based’ review test was inapplicable.  The issue had to be considered de novo as to whether the arbitrator’s decision was right or wrong.