New Model Private College v Commission for Conciliation, Mediation and Arbitration and Others

The individual respondents were educators who had worked for New Model Private College for several years on fixed-term contracts that were consistently renewed. In 2020, they entered into a 12‑month fixed-term contract ending on 31 December 2020. Prior to expiry, the School issued letters confirming the end of the contracts and inviting applications for possible appointments in 2021, subject to enrolment and business constraints. The educators applied but received no response. They nevertheless remained on staff WhatsApp groups and received some messages in January 2021 relating to school preparation and meetings. On 29 December 2020, the School also issued letters alleging participation in an unlawful strike and indicating possible disciplinary action. The contracts expired on 31 December 2020 and the educators were not re‑engaged when the School opened in January 2021. They referred a dispute to the CCMA alleging unfair suspension. The commissioner found that they were still employees based on a reasonable expectation of renewal and that they had been unfairly suspended, awarding each educator 12 months’ compensation. The School sought to review and set aside the award under section 145 of the Labour Relations Act (LRA).

The arbitration award was reviewed and set aside and substituted with an order that the third to twenty-sixth respondents were not unfairly suspended by the applicant. No order as to costs was made.

The case clarifies the legal distinction between a deemed dismissal under section 186(1)(b) of the LRA and the actual existence of an employment contract. It confirms that a reasonable expectation of renewal does not revive or extend an expired fixed-term contract for purposes of claims such as suspension, and that disputes must be correctly characterised to fall within CCMA jurisdiction.