Court Condemns City's cruel firing of a researcher, a ruling that highlights justice, fairness, and accountability in employment law. Image: 123RF.
(The Post News) – The court has condemned the city’s handling of a Zimbabwean researcher after his work permit expired, ruling that the municipality acted unlawfully when it terminated his employment. The Eastern Cape High Court in Mthatha found that the city failed to follow proper legal procedures, creating an unfair dismissal case that could not stand.
Court Condemns City’s Unlawful Termination Practices
The researcher, who had worked at the OR Tambo District Municipality since 2009, initially held temporary residence status. In 2014, he secured a general work permit that allowed him to remain employed in South Africa. Over the years, his service was extended through a series of fixed-term contracts, and when one contract lapsed in 2022, the municipality still permitted him to continue working. By doing so, the court determined, the municipality had effectively renewed his employment.
However, in late 2023, the municipality suddenly claimed his contract had ended back in March 2022 and insisted that his lack of a South African identity document made his role unlawful. On this basis, they moved to terminate his position immediately. Instead of recognizing its own role in keeping him on, the city placed the entire burden on the worker. This abrupt move forced him to seek justice in court.
After reviewing the facts, the judge concluded that the municipality had contradicted itself. By allowing continued employment without a valid contract, the city created a legitimate expectation of job security. Because of that, the court condemns the city’s argument that the researcher had no valid status when he kept working and found it to be both unreasonable and unlawful.
Importantly, the court stressed that being a foreign national without a renewed permit does not give an employer unlimited power to dismiss staff without due process. Labor law requires fair notice and proper termination steps. Therefore, the court condemns the city’s decision to cut ties without following these safeguards as a violation of both the Constitution and employment law.
Court Condemns City’s Responsibility in Labor Compliance
Although the researcher hoped to be reinstated, the judge ruled that reinstatement was impractical because the position no longer existed. Instead, the focus shifted to the principle that fair labor practices must still apply, regardless of immigration status. Consequently, the court set aside the dismissal and ordered the municipality to cover the legal costs of the case.
In the end, Court Condemns The city’s unlawful treatment of the researcher serves as a strong reminder that municipalities must uphold both labor and immigration laws simultaneously. Terminating an employee without following established legal procedures undermines justice, damages credibility, and erodes trust in public institutions.
Please share your thoughts contact Thembeka via email: Journalist-thembeka@thepostnews.net
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