Msweli v Waterford kaMhlaba United World College of Southern Africa Case No (358/2023) [2024] SZIC 7 (20 February 2024)

The Applicant brought an application to court to declare and/or interdict the non-renewal of her fixed term contract by the Respondent as unlawful  and without  due  process of the law. The Applicant argued that she has been an employee of the Respondent for the past seven years, wherein he was employed on fixed term contracts which have all been renewed at the end of their term, once a performance improvement plan was conducted between the Applicant and the Respondent. However, the Respondent has failed and/or neglected conducting a performance improvement plan for purposes of determining the renewal of the contract. The Applicant submitted that by law, the Respondent is debarred from terminating the contract without undertaking this process which is a vital requirement in making such a decision

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