Department of Agriculture, Forestry and Fisheries v Tetoe and Others

The first to third respondents were employed by the Department of Agriculture, Forestry and Fisheries (DAFF) on one-year fixed-term contracts from July 2013 to July 2014 within the Working for Fisheries Programme. After the expiry of these contracts, they continued working in the same positions, under DAFF’s control and direction, performing the same duties, but were paid through various implementing agents rather than directly via the government Persal system. No new written contracts were concluded with either DAFF or the implementing agents. In August 2016, they were abruptly informed that their services were no longer required, without explanation or process. They referred an unfair dismissal dispute to the General Public Service Sectoral Bargaining Council.

The appeal by DAFF was dismissed with costs. The cross-appeal was upheld with costs. The Labour Court’s order was set aside and substituted with an order dismissing the review application, thereby restoring the commissioner’s award of retrospective reinstatement.

The case affirms the principle that continued work after the expiry of a fixed-term contract may result in a tacit contract of indefinite duration. It reinforces reinstatement as the primary remedy for unfair dismissal under section 193(2) of the LRA and clarifies that employers bear the onus to prove exceptional circumstances to justify deviation from reinstatement.