African Realty Trust (Pty) Limited v Maake and Others (R1822/2010) [2012] ZALCJHB 187 (26 October 2012)

African Realty Trust (Pty) Limited v Maake and Others (R1822/2010) [2012] ZALCJHB 187 (26 October 2012)

The court found that the probabilities favoured the applicant's version that Mr Corbett had orally resigned. The Commissioner erred by disregarding all the evidence and probabilities in favour of a narrow interpretation of the written termination clause. The court held that an oral resignation is not void and that the cumulative facts, including Corbett's conduct and failure to challenge the alleged resignation, supported the conclusion that he resigned. Consequently, the CCMA lacked jurisdiction as there was no dismissal, and the arbitration award was set aside.

Citation
[2012] ZALCJHB 187
Parties
Applicant: African Realty Trust (Pty) Limited; Respondent: Maake J S; Respondent: CCMA; Respondent: Paul Corbett
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 October 2012
Case Number
R1822/2010
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review is granted; arbitration award set aside and substituted with a finding that the applicant resigned.
Judges
Coetzee AJ
Legal Topics
Unfair Dismissal, Oral Resignation, Ccma Jurisdiction, Interpretation of Employment Contract, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Oral Resignation Ccma Jurisdiction Interpretation of Employment Contract Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

African Realty Trust (Pty) Limited

Applicant

Maake J S

Respondent

CCMA

Respondent

Paul Corbett

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the third respondent, Mr Corbett, resigned orally or was dismissed by the applicant.
  2. 2 Whether the CCMA had jurisdiction to entertain the dispute.
  3. 3 Whether the Commissioner committed a reviewable irregularity by excluding material evidence and relying solely on contract interpretation.

Ratio Decidendi

The court found that the probabilities favoured the applicant's version that Mr Corbett had orally resigned. The Commissioner erred by disregarding all the evidence and probabilities in favour of a narrow interpretation of the written termination clause. The court held that an oral resignation is not void and that the cumulative facts, including Corbett's conduct and failure to challenge the alleged resignation, supported the conclusion that he resigned. Consequently, the CCMA lacked jurisdiction as there was no dismissal, and the arbitration award was set aside.

Court Disposition

Application for review is granted; arbitration award set aside and substituted with a finding that the applicant resigned.

Orders

  • The arbitration award under case number LP5798/2008 dated 16 June 2010 is reviewed and set aside.
  • The following award is substituted: 'The application is dismissed as the applicant has resigned.'