Unpacking the case of Passenger Rail Agency of South Africa and Others v Ngoye and Others.
Introduction: Martha Ngoye, a former legal
executive at South Africa’s state-owned Passenger Rail Agency of South Africa
(Prasa), found herself at the centre of a legal battle after exposing unlawful
government contracts. Despite being terminated unlawfully, Ngoye and her
colleagues faced challenges in their quest for reinstatement. Their case sheds
light on the complexities whistleblowers encounter in South Africa's legal
landscape.
Summary of Facts: Martha Ngoye and two other
executives were terminated by Prasa in 2021. The Labour Court initially ruled
their terminations unlawful, but Prasa won an appeal to the Labour Appeal Court
(LAC). The LAC's judgment delved into the employees' argument of contractual
breach, referencing previous legal precedents. It outlined the employees' right
to choose between pursuing unfair dismissal claims or alleging breach of
contract.
Court's Rationale and Findings: In its judgment, the Labour
Appeal Court emphasized the employees' option to pursue either unfair dismissal
claims under the Labour Relations Act (LRA) or claims of contractual breach.
Despite the Labour Court's earlier ruling in favour of reinstatement, Prasa
succeeded in its appeal to the Labour Appeal Court. The LAC referenced previous
legal precedents and highlighted the discretionary nature of specific
performance as a remedy for contractual breaches. It pointed out factors to consider
in determining whether reinstatement is appropriate, including workplace
dynamics and the need for the employees' services.
Conclusion: The case underscores the dilemma faced by whistleblowers in navigating
legal avenues for reinstatement. While the LRA offers protections against
unfair dismissal, employees may opt for contractual remedies, such as specific
performance, in cases of an alleged breach of contract. However, the discretion
involved in granting such remedies poses challenges for employees seeking
reinstatement. Employers must be prepared to defend against either route chosen
by former employees, while employees must carefully consider the requirements
and risks associated with each legal option.
