Imbabazane Municipality v Imatu obo Gumbi (D04/14) [2015] ZALCD 25 ; [2015] 8 BLLR 825 ; (2015) ILJ 2297 (14 May 2015) per Pather AJ.
The Labour Court refused to review and set aside an award reinstating the employees. The main issue concerned the validity of employment contracts signed by a person who was no longer the municipal manager. But the persons had been allowed to work and been paid for about six months. Applying the principle of legality it was held that the employer was precluded from terminating the employment contracts because the signatory lacked actual authority. As the employees had proved that they were employed and dismissed without any valid reason they were entitled to be reinstated.
Reported
[2015] 8 BLLR 825; [2015] JOL 33269 (LC)
Also reported
(2015) ILJ 2297 (LC)