Croukamp actually testified one Dube is actually noticed because of the the lady so you can getting a staff member, hence if the Dube had applied for a manager reputation, 
Croukamp manage certainly keeps favourably noticed flexible this lady and you will place the woman
Croukamp affirmed subsequent you to definitely, while the respondent were able to safer a separate clean up contract with Wits, new respondent got after that a great amount of vacancies that will be occupied by men and women staff one received observe regarding termination for the , into this new agreements of a position. This type of ranks was in fact 7 management ranking and you will 162 machine positions. Staff had to indicate whether or not they was in fact selecting some of this type of vacancies of the doing and you can entry the newest indication of attract part shown within base of the same notice, to function away from a particular Raymond Khoza on location, by , and you can after that entry an actual written software to have a job from the . It’s extended a problem that Dube performed in reality discovered this find. Extremely common trigger also that Dube never ever taken out people ones openings. Which evidence by Croukamp try unchallenged.
Just what got not, occurred just before most of the incidents inside number inside , is the fact Dube is actually experience troubles for the planning work due to an earlier motor vehicle accident she try in through the 2007 (not related so you can this lady work). Dube got continued to endure illnesses one triggered her so you can feel apparently absent out-of behave as she had to frequently sit in coaching to own physiotherapy. She and additionally expected medical treatment.
Which question involves, really, whether or not there is a beneficial dismissal
Croukamp testified you to Dube came to this lady during the and you will asked so you’re able to feel helped with a credit card applicatoin to own an impairment offer. Croukamp mentioned that therefore demand, incapacity consultation services occurred which have Dube, and you can a choice is accompanied to reduce this lady works weight and to assist their within the discharging the woman duties. Dube verified which. Croukamp reported that she noticed that Dube hadn’t removed a position. She then exposed to Dube to go over this together. Dube was adament you to definitely she don’t need a situation and you may desired to instead pursue the application form having an impairment benefit. Croukamp undertook the respondent carry out assist her in this regard, and you can known Dube toward best people for the Hour. The main points perform show that Dube didn’t submit an application for good condition on the latest Wits deal, even with here are management ranking readily available, but in reality proceeded on venture for a handicap benefit.
Considering Croukamp there is certainly zero general notice sent to every employees, however, administration made certain that each gotten an alternate notice according to and you will approaching their sort of circumstances. With regard to Dube, their see of especially filed you to she got expected to use to own an impairment retirement offer and that all the paperwork inside so it respect is completed. She was told who she you may manage in regards to the handling associated with app, and she is actually thanked on her behalf provider and you can desired really having tomorrow. Dube affirmed in her facts that she obtained this notice and you can never took problem with it by any means.
On the , brand new respondent delivered see to all staff one to failed to discovered the brand new notification (while the regarded more than) to collect the brand new a job price from the . Croukamp affirmed why these was amazing a career deals signed because of the the staff, that have been also really attached to the this new Wits contract. Dube’s past working day ended up being indeed on the .
It courtroom must dictate the type and you will regards to the fresh new employees’ agreements out of a job on the respondent and you will establish if these normally validly cancel a job instantly adopting the cancellation of the service level arrangement ranging from their manager together with employer’s client.