The court said while the termination of her contract and those of two other executives was unlawful, the order of reinstatement should not have been made by the Labour Court.
The Labour Appeal Court has ruled that while PRASA terminated the contracts of head of legal Ngoye, chief operating officer Nosinakthi Khena, and general manager for strategy Tiro Holele unlawfully and without good or proper cause, the court ought not to have ordered their reinstatement with back pay.
He said they had denied that their contracts were for fixed five-year terms but were for permanent employment and"rather curiously" PRASA had failed to challenge any of these facts and allegations"but had only seen fit to raise technical defences". "The grounds for the termination are without merit and there can be no dispute that the termination was unlawful," he said.
He said for specific performance the court had to exercise judicial discretion which was"fraught with difficulties", because employment contracts were not commercial transactions but personal contracts.There was a problem processing your submission. Please try again later. Seeking specific performance because of financial prejudice at the risk of losing their income, was not a ground for granting the relief.
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