Dr Mpho Phalatse was the Joburg Mayor in February 2022 when 130 workers, who had their fixed term contracts converted to permanent employment contracts, were fired by the city. Picture: Nokuthula Mbatha/Independent Newspapers
The South Gauteng High Court has ordered the City of Johannesburg to reinstate 78 employees who had their permanent employment contracts terminated under the DA-led multiparty coalition, which was led by former mayor Dr Mpho Phalatse.
The matter dates back to around February 2022, when over 100 employees who had their fixed-term contracts converted to permanent contracts, had a rude awakening when their jobs were terminated by the new city leadership, without consultation.
The DA-led multiparty coalition at the time accused the previous ANC administration of having illegally gratified their political staff with permanent jobs in gross breach of the law.
At that time, Phalatse said the ANC under the late mayor Geoff Makhubo converted the fixed-term contracts into permanent employment in February 2020.
She said a similar decision was taken in October 2021 when the mayor was the late Jolidee Matongo.
Unhappy with the dismissal, the employees approach their union the South African Municipal Workers Union (SAMWU) and the matter was taken to the Labour Court where it was dismissed on grounds of jurisdiction.
It was then taken to the high court where it was heard by acting judge Johan Moorcroft.
Moorcroft noted that the decision to rescind the permanent contracts was taken unilaterally and without any consultation.
He said the municipality did not have the power to unilaterally cancel employees contracts without a court order.
“Officials are not permitted to usurp the role of the courts by deciding that a decision was unlawful and rescinding it unilaterally when the rescission affects accrued rights, even when those rights are disputed.”
As a result, Moorcroft declared that the 78 workers are permanent employees of the municipality.
He also ordered that municipality to consult with the workers before amending their employment contracts.
The municipality was also ordered the municipality to pay the costs of the application.
Responding to the ruling in a statement, acting Joburg mayor, Loyiso Masuku said the City 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,” she said.
IOL News.