Conti Print CC v CCMA and Others (JA53/2014) [2015] ZALAC 25; [2015] 9 BLLR 865 (LAC); (2015) 36 ILJ 2245 (LAC) (24 June 2015)

Conti Print CC v CCMA and Others (JA53/2014) [2015] ZALAC 25; [2015] 9 BLLR 865 (LAC); (2015) 36 ILJ 2245 (LAC) (24 June 2015)

The Labour Appeal Court found that the arbitrator and Labour Court failed to properly evaluate the evidence and credibility of witnesses. The employer responded reasonably to the employee's complaints by offering to move her and promising to close the partition gap. The employee's refusal to move and abrupt...

Source-derived case information.

Citation
[2015] ZALAC 25
Parties
Appellant: Conti Print CC; Respondent: CCMA; Respondent: Commissioner M Raffee NO; Respondent: Gladys Molokwane
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
24 June 2015
Case Number
JA53/2014
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Upholding Constructive Dismissal Award
Outcome
Appeal upheld; Labour Court judgment and arbitration award set aside; finding substituted that the employee was not dismissed.
Judges
Tlaletsi, Sutherland, Mngqibisa-Thusi
Legal Topics
Constructive Dismissal, Jurisdiction of Ccma, Review of Arbitration Award, Intolerability of Employment, Employee Resignation, Procedural Fairness
Labour Law Constructive Dismissal Jurisdiction of Ccma Review of Arbitration Award Intolerability of Employment Employee Resignation Procedural Fairness

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Summary, issues, holding and outcome

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Parties

Conti Print CC

Appellant

CCMA

Respondent

Commissioner M Raffee NO

Respondent

Gladys Molokwane

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Upholding Constructive Dismissal Award

Legal Issues

  1. 1 Whether the facts established a constructive dismissal under the Labour Relations Act.
  2. 2 Whether the CCMA had jurisdiction to adjudicate the termination of employment.
  3. 3 Whether the Labour Court and arbitrator properly evaluated the evidence and credibility of witnesses.

Ratio Decidendi

The Labour Appeal Court found that the arbitrator and Labour Court failed to properly evaluate the evidence and credibility of witnesses. The employer responded reasonably to the employee's complaints by offering to move her and promising to close the partition gap. The employee's refusal to move and abrupt resignation were grossly unreasonable, and she failed to exhaust internal remedies. The arbitrator ignored material evidence, particularly the supervisor's testimony, and made irrational findings. The proven facts did not establish that the employer made continued employment intolerable. Therefore, no constructive dismissal occurred, and the CCMA lacked jurisdiction to adjudicate the...

Court Disposition

Appeal upheld; Labour Court judgment and arbitration award set aside; finding substituted that the employee was not dismissed.

Orders

  • The appeal is upheld.
  • The judgment of the Labour Court is set aside and replaced with the order that: 'the award is reviewed and set-aside and replaced with a finding that the employee was not dismissed.'