I need some advice regarding the termination (at the end of the term) of my five year fixed term contract.
My employer refused to renew my five year contract without giving me reasons other than the term had come to an end. My job still exists, was never linked to any specific task completion and there were never any complaints about my performance.
I took the matter to the CCMA and won a new five year contract/re-instatement. The employer took the matter to the Labour Court and they have played all sorts of games to delay a court date. It has now been over a year nad I am being ruined financially and emotionally by this. I have also been unable to find another job, in part because my ex-employer has spread rumours that my contract was not renewed due to poor performance.
They are basically claiming that my contract expired due to the "effluxation of time" and that, because it was never previously renewed/rolled over, I could not have expected the contract to be renewed. I am quite confident that I will win at the Labour Court, but I have heard that management has indicated that they will never accept my return and that they must win my case "at all costs".
I would like to understand whether or not a ruling at the Labour Court can be automatically taken to the Labour Appeals Court or if leave to appeal must first be granted. I am afraid that my ex-employer will continue to play the bully boys until they out-litigate me despite their case not having merits. At what point does the court/s say enough is enough and put a stop to this type of unreasonable litigation?