Conti Print CC v CCMA and Others (JA 53/2014) [2015] ZALAC 61 (15 May 2015)

Conti Print CC v CCMA and Others (JA 53/2014) [2015] ZALAC 61 (15 May 2015)

The Labour Appeal Court found that the arbitrator and Labour Court failed to properly evaluate the evidence and apply the correct legal test for constructive dismissal. 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 accept reasonable alternatives and her abrupt resignation were grossly unreasonable. The arbitrator ignored material evidence, particularly the supervisor's testimony, and made illogical findings. The Labour Court further misconstrued the evidence and relied on a statement from counsel that was not supported by the record. On the proven facts, the requirements for...

Citation
[2015] ZALAC 61
Parties
Appellant: Conti Print CC; Respondent: CCMA; Respondent: Commissioner M Raffee NO; Respondent: Gladys Molokwane
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
15 May 2015
Case Number
JA 53/2014
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 DJP, Sutherland JA, Mngqibisa-Thusi AJA
Legal Topics
Constructive Dismissal, Jurisdiction of Ccma, Review of Arbitration Award, Evidence Evaluation
Labour Law Civil Procedure Constructive Dismissal Jurisdiction of Ccma Review of Arbitration Award Evidence Evaluation

Case Brief

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 CCMA had jurisdiction to adjudicate the dispute based on constructive dismissal.
  2. 2 Whether the employee, Gladys Molokwane, was constructively dismissed by the employer.
  3. 3 Whether the arbitrator and Labour Court correctly evaluated the evidence and applied the legal test for constructive dismissal.

Ratio Decidendi

The Labour Appeal Court found that the arbitrator and Labour Court failed to properly evaluate the evidence and apply the correct legal test for constructive dismissal. 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 accept reasonable alternatives and her abrupt resignation were grossly unreasonable. The arbitrator ignored material evidence, particularly the supervisor's testimony, and made illogical findings. The Labour Court further misconstrued the evidence and relied on a statement from counsel that was not supported by the record. On the proven facts, the requirements for...

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.'