Johannesburg – At least 78 dismissed City of Joburg staffers have got their jobs back after the high court of SA, Gauteng Division, Johannesburg, reinstated them on Thursday.
The matter goes back to early 2022 when the City of Joburg unilaterally cancelled the contracts of about 130 employees.
Initially, the employees were formerly employed on fixed-term contracts, and their status was converted to that of permanent employment from 1 March 2021.
At the time, the conversion was effected in accordance with a decision of the mayoral committee.
However, the new City of Joburg administration led by the Democratic Alliance disputed the legality of the conversion and insisted the contracts had ended – meaning affected employees were no longer employed.
Since then SAMWU has fought the matter through the courts, including the Labour Court.
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Ruling on the matter brought by the South African Municipal Workers Union (SAMWU) on behalf of the workers, Acting Judge Johan Moorcroft said on Thursday that the municipality did not have the power to unilaterally cancel employee contracts without a court order.
Judge Moorcroft made the following order:
- 1. Declaring that the second to seventy-eighth applicants are permanent employees of the first respondent (City of Joburg);
- 2. Declaring that the first respondent is obliged to consult with the second to seventy-eighth respondents before amending their employment contracts;
- 3. Ordering the first respondent to pay the costs of the application, such costs to include the costs of two counsel.
Responding to the court ruling, the Office of the Executive Mayor in the City of Johannesburg said: “It notes the judgment of the South Gauteng High Court which has found that the termination of employment contracts of 130 employees was unlawful”.
The City said it has carefully studied the judgment and will work towards abiding by the court’s directives.
“We wish to reassure all affected parties as well as our residents that the City of Johannesburg led by the Government of Local Unity is a law-abiding government, that respects the rule of law and believes that the courts are final arbiters in all disputes,” said Acting Executive Mayor, Loyiso Masuku.
