Temo v Van Niekerk (JR1772/13) [2015] ZALCJHB 160 (21 May 2015) per Molahlehi J

The Labour Court reviewed and set aside an award that held that the employee had been fairly dismissed. Section 29 of the BCEA only obliges employers to provide employees with written particulars of employment.  There is no statutory requirements that contracts need to be signed.  An employee worked for a number of years without receiving any particulars.  On being confronted with a written contract he refused to sign it and was summarily dismissed.  Clearly there was no valid reason related to conduct to justify dismissal. The matter was remitted to the CCMA for a fresh hearing, presumably for a decision of the nature of the relief to be granted given the domestic nature of the relationship.