Bloemcare v Morerela and Others (JR187/01) [2002] ZALC 128 (6 March 2002)

Bloemcare v Morerela and Others (JR187/01) [2002] ZALC 128 (6 March 2002)

The court found that the arbitrator focused excessively on the deteriorating relationship and reduction of duties, which did not justify the resignation. The use of offensive language by the director, while unacceptable, did not amount to intolerable working conditions sufficient for constructive dismissal, especially since the applicant attempted to rectify the situation and the third respondent did not exhaust internal remedies. The arbitrator failed to apply her mind to all the evidence and her award was not rationally justifiable. The court substituted the arbitrator's finding, holding that the third respondent voluntarily resigned and was not dismissed.

Citation
[2002] ZALC 128
Parties
Applicant: Bloemcare; Respondent: Commissioner M B Morerela; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Jeanette Harrington
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
6 March 2002
Case Number
JR187/01
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Review application granted; arbitration award set aside and substituted with a finding of voluntary resignation.
Judges
E Revelas
Legal Topics
Constructive Dismissal, Review of Arbitration Award, Condonation, Procedural Fairness
Labour Law Civil Procedure Constructive Dismissal Review of Arbitration Award Condonation Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Bloemcare

Applicant

Commissioner M B Morerela

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Jeanette Harrington

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the third respondent was constructively dismissed by the applicant.
  2. 2 Whether the arbitrator's award was justifiable and rationally based on the evidence.
  3. 3 Whether the late filing of the review application should be condoned.

Ratio Decidendi

The court found that the arbitrator focused excessively on the deteriorating relationship and reduction of duties, which did not justify the resignation. The use of offensive language by the director, while unacceptable, did not amount to intolerable working conditions sufficient for constructive dismissal, especially since the applicant attempted to rectify the situation and the third respondent did not exhaust internal remedies. The arbitrator failed to apply her mind to all the evidence and her award was not rationally justifiable. The court substituted the arbitrator's finding, holding that the third respondent voluntarily resigned and was not dismissed.

Court Disposition

Review application granted; arbitration award set aside and substituted with a finding of voluntary resignation.

Orders

  • The late filing of the review application is condoned.
  • The award of the second respondent dated 7 December 2000 is set aside.