Fired head of legal Martha Ngoye's reinstatement has been overturned by the Labour Court of Appeal.

The Passenger Rail Agency of South Africa (Prasa) has won an appeal against a previous Labour Court ruling which ordered the reinstatement of "whistleblower" Martha Ngoye and two other executives.

The Labour Appeal Court has ruled that while Prasa terminated the contracts of head of legal Ngoye, chief operating officer Nkosinathi Khena, and general manager for strategy Tiro Holele unlawfully and without good or proper cause, the court ought not to have ordered their reinstatement with back pay.

The court said the axed employees had relied on the provisions of the Basic Conditions of Employment Act (BCEA) in the litigation, and not the Labour Relations Act (LRA).

The appeal court therefore overturned the Labour Court ruling in favour of Prasa.

It is believed Ngoye and others might now approach the Constitutional Court.

Ngoye, Khena and Holele were dismissed in early 2021.

The stated reason for the terminations was that their five-year contracts had expired. In a press release, Prasa accused them of "capitalising on the instability of the board, which culminated in their extended lawful stay".

The three challenged the decision in the Labour Court, which ruled in their favour, and ordered their reinstatement with back pay.

However, Prasa appealed...