The Labour Appeal Court heard an appeal about an unfair suspension dispute involving educators employed by New Model Private College. It set aside the Labour Court order and substituted an order dismissing the review application, with no order as to costs. The judgment also sets out the court's discussion of fixed term contracts and section 198B of the LRA, including the finding that the appellants were deemed to be employed on an indefinite basis.
This appears to concern employment, labour review and fixed term contract issues and may be relevant to labour practitioners and education sector employers.
Evidence from source
This is an appeal, with the leave of the Labour Court, against a judgment delivered on 3 March 2025, in which the Court dismissed an application to review and set aside an arbitration award
Supports: Plain summary: the matter is an appeal concerning an unfair suspension dispute and a review application.
The appellants were employed by the first respondent as educators.
Supports: Plain summary and sector: the dispute involved educators and an education employer.
It follows that, by December 2020, even if one were to account only for the last fixed-term contract on which the appellants were engaged, the appellants were deemed to be employed by the first respondent on an indefinite basis
Supports: Plain summary: the judgment discusses section 198B and deemed indefinite employment.