Billion Group (Pty) Ltd v Ntshangase and Others (JR1449/2017) [2018] ZALCJHB 211; (2018) 39 ILJ 2516 (LC) (20 June 2018)

Billion Group (Pty) Ltd v Ntshangase and Others (JR1449/2017) [2018] ZALCJHB 211; (2018) 39 ILJ 2516 (LC) (20 June 2018)

The court found that while Ntshangase resigned and claimed intolerable conditions, the objective evidence did not support his assertion that the employer made continued employment intolerable. The initial email suggesting disciplinary action was not followed by any actual steps to suspend or discipline him. Instead, the employer issued a verbal warning and offered him options to improve his performance or seek alternative employment, including additional resources to assist him. The employer also attempted to persuade him to reconsider his resignation. The court held that Ntshangase had a clear choice to remain employed and was not compelled to resign. His ongoing anxiety was not...

Citation
[2018] ZALCJHB 211
Parties
Applicant: Billion Group (Pty) Ltd; Respondent: Londizwi Ntshangase; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Silas Ramushawana (N.O.)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 June 2018
Case Number
JR1449/2017
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award in favour of the third respondent is reviewed and set aside. No order as to costs.
Judges
Lagrange
Legal Topics
Constructive Dismissal, Review of Arbitration Award, Intolerable Work Conditions, Employee Resignation, Onus of Proof, Disciplinary Procedure
Labour Law Constructive Dismissal Review of Arbitration Award Intolerable Work Conditions Employee Resignation Onus of Proof Disciplinary Procedure

Case Brief

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Parties

Billion Group (Pty) Ltd

Applicant

Londizwi Ntshangase

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Silas Ramushawana (N.O.)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the third respondent, Mr Ntshangase, was constructively dismissed by the applicant.
  2. 2 Whether the arbitrator's finding of constructive dismissal was justified on the evidence before him.
  3. 3 Whether the employer's conduct rendered continued employment intolerable for the employee.

Ratio Decidendi

The court found that while Ntshangase resigned and claimed intolerable conditions, the objective evidence did not support his assertion that the employer made continued employment intolerable. The initial email suggesting disciplinary action was not followed by any actual steps to suspend or discipline him. Instead, the employer issued a verbal warning and offered him options to improve his performance or seek alternative employment, including additional resources to assist him. The employer also attempted to persuade him to reconsider his resignation. The court held that Ntshangase had a clear choice to remain employed and was not compelled to resign. His ongoing anxiety was not...

Court Disposition

The arbitration award in favour of the third respondent is reviewed and set aside. No order as to costs.

Orders

  • The arbitration award issued under case number GATW 16008-16 and dated 3 July 2017 is reviewed and set aside.
  • No order is made as to costs.