Dodds v MEC Dept Health, Eastern Cape Province and Others (PS 11/2013) [2015] ZALCPE 21 (24 March 2015) per Euijen AJ.
The applicant claimed payment of remuneration for services rendered as a ‘sessional’ or part-time pharmacist at the former SAWAS Memorial Hospital in Jansenville, Eastern Cape, plus leave pay and a travel allowance based on a written fixed-term employment contract.
The Department denied the authority of the person who entered into the employment contract and also relied on a collective agreement that regulated the transfer of employees from the employ of the hospital to the Department, with effect from 1 April 2011 in terms of section 197 of the LRA. The Labour Court found the employment contract to be valid as well as the collective agreement.
Applicant was awarded outstanding remuneration, leave pay and the travel allowance.