KZN premier ordered to reinstate 'unfairly' dismissed workers

The labour court in Durban has ordered the office of the KwaZulu-Natal premier to reinstate 10 employees whose contracts were unfairly terminated in April.

According to the judgment handed down by acting judge Kelsey Allen-Yaman on July 25, Nomusa Dube-Ncube's office should withdraw the termination notices until she has complied with fair procedures.

Furthermore, Dube-Ncube should pay the costs of the application. 

TimesLIVE understands that the office has complied. 

“The respondent is compelled to comply with a fair procedure in terms of section 189 of the Labour Relations Act prior to terminating the services of the applicants. 

“The respondent is ordered to withdraw the notices terminating the applicants' current contracts of employment until she has complied with the fair procedure,” reads the order

The matter was heard on July 20. The 10 people were employed on a four-year fixed term contract in the chief directorate poverty eradication programme initiated by the provincial executive committee in 2015.

The contracts were extended from July 1 2020 until March 31 2024. However, on April 26 this year, the employees received letters advising of the termination of their contracts by the acting director in the human resources department in Dube-Ncube's office.

The letters said the programme would be discontinued and their temporary employment would come to an end on 31 July 2023.

“The office of the premier embarked on the reorganisation and realignment of functions since 2021, a number of changes have been effected.

“This process necessitated that the review of functions be conducted, including this function ... The office of the premier as the employer has resolved to discontinue this programme hence you are notified that your temporary employment contract will terminate on 31 July 2023,” the letters read.

The disgruntled employees sought legal assistance and demanded that the office withdraw the letters of termination because they viewed them as “unfair and unlawful” because the office did not comply with the law.

Dube-Ncube's office conceded that the employees and their dependents would “suffer irreparable harm” in the event of unforeseen termination of contracts of employment. 

TimesLIVE