Amazwi Power Products (Pty) Ltd v Turnbull (JA 14/07) [2008] ZALAC 8; (2008) 29 ILJ 2554 (LAC); [2008] 9 BLLR 817 (LAC) (20 June 2008)

Amazwi Power Products (Pty) Ltd v Turnbull (JA 14/07) [2008] ZALAC 8; (2008) 29 ILJ 2554 (LAC); [2008] 9 BLLR 817 (LAC) (20 June 2008)

The court found that the respondent's resignation letter was a clear resignation from the board of directors only, not from her employment with the appellant. The respondent's intention to remain an employee was evident from both her letter and testimony. The appellant's acceptance of the resignation as a termination of employment was opportunistic and not justified by the facts or law. The dismissal was substantively unfair. Compensation for unfair dismissal must be calculated based on the respondent's salary at the date of dismissal, as required by section 194 of the Labour Relations Act. The appellant failed to provide evidence to contradict the respondent's salary at the time of...

Citation
[2008] ZALAC 8
Parties
Appellant: Amazwi Power Products (Pty) Ltd; Respondent: Shelly Turnbull
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
20 June 2008
Case Number
JA 14/07
Procedural Posture
Civil Appeal / Appeal From Review Judgment
Outcome
Appeal dismissed with costs.
Judges
Davis, Leeu, Tlaletsi
Legal Topics
Unfair Dismissal, Remuneration Calculation, Termination of Employment, Director Vs Employee, Compensation Award
Labour Law Unfair Dismissal Remuneration Calculation Termination of Employment Director Vs Employee Compensation Award

Case Brief

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Parties

Amazwi Power Products (Pty) Ltd

Appellant

Shelly Turnbull

Respondent

Procedural Posture

Civil Appeal / Appeal From Review Judgment

Legal Issues

  1. 1 Whether the respondent's resignation as director constituted resignation from employment with the appellant.
  2. 2 Whether the dismissal of the respondent was substantively unfair under the Labour Relations Act.
  3. 3 What is the correct basis for calculating compensation for unfair dismissal.

Ratio Decidendi

The court found that the respondent's resignation letter was a clear resignation from the board of directors only, not from her employment with the appellant. The respondent's intention to remain an employee was evident from both her letter and testimony. The appellant's acceptance of the resignation as a termination of employment was opportunistic and not justified by the facts or law. The dismissal was substantively unfair. Compensation for unfair dismissal must be calculated based on the respondent's salary at the date of dismissal, as required by section 194 of the Labour Relations Act. The appellant failed to provide evidence to contradict the respondent's salary at the time of...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The compensation award of R247,800.00 to the respondent is confirmed.