The City Of Joburg (COJ) staffers whose “fixed-term” contracts expired at the end of last month have again approached the Labour Court to try and save their jobs.
On Monday, the staffers – whose appointments to permanent positions were rescinded by the COJ to the fixed-term contracts they were initially employed on – filed papers at the Labour Court challenging the move.
The COJ insists the fixed-term contracts were unlawfully converted to permanent appointments and has since rescinded the appointments and placed the affected staffers back on fixed-term contracts.
The fixed-term contracts expired at the end of April.
Last week, the COJ instructed the affected staffers to return “tools of trade” by Monday, but they did not do so and instead filed a challenge to being let go at the Labour Court.
It will be the second time the applicants approach the Labour Court on an urgent basis this month.
Earlier this month, on 3 May, the affected staffers were dealt a crushing blow when the Labour Court said the applicants the South African Municipal Workers Union and the staffers it represented had failed to show that it had jurisdiction to preside over the matter.
This time around, the applicants have cited the South African Local Government Bargaining Council, Joseph Mphaphuli and the COJ as respondents and have appointed Motalane Attorneys c/o Madlela Gwebu Mashamba Attorneys to represent them.
The 130 applicants – described in court papers as “black/African employees” of the COJ are seeking an order in the following terms:
- Condoning the applicants’ non-compliance with the rules concerning forms, service, and time periods otherwise applicable and practice directives, and directing that this application be heard and adjudicated upon as an urgent application in the terms of Rule 8;
- Reviewing and setting aside the jurisdictional ruling dated 7 April 2022 issued on 22 April 2022 and the interlocutory ruling dated 7 May 2022 issued on 9 May 2022 by Mr. Mphaphuli, the second respondent, under dispute number: JMD032207.
- Interdicting and directing the first and second respondents to issue a certificate to the effect that the dispute between the applicants and the third respondent remains unresolved.
- Directing the first and second respondents to pay the costs of this application.
- Direceting the first and second respondents to pay the costs of this application if they may so chose to oppose it.
- Granting the applicants further and/or alternative relief.
The matter is expected to be heard on 25 May 2022.
