Drakenstein Local Municipality v Matjan and Others (C70/2024) [2025] ZALCCT 55 (22 July 2025)

Drakenstein Local Municipality v Matjan and Others (C70/2024) [2025] ZALCCT 55 (22 July 2025)

The court found that the Third Respondent failed to correctly apply the legal test and burden of proof for constructive dismissal. The First Respondent did not exhaust internal grievance procedures or refer disputes for resolution before resigning. The evidence showed that the intolerable conditions alleged by the First Respondent were not caused by the Applicant, and that reasonable alternatives to resignation were available. The Third Respondent overlooked key evidence and incorrectly shifted the burden of proof onto the employer. Objectively, the employment relationship was not rendered intolerable by the Applicant's conduct, and no dismissal occurred within the meaning of section...

Citation
[2025] ZALCCT 55
Parties
Applicant: Drakenstein Local Municipality; Respondent: Bradley Franko Matjan; Respondent: South African Local Government Bargaining Council (SALGBC); Respondent: Commissioner Anne Erwin N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
22 July 2025
Case Number
C70/2024
Procedural Posture
Review Application / Judgment on Unopposed Review of Arbitration Award
Outcome
Application granted; arbitration award reviewed and set aside; referral to SALGBC dismissed for lack of jurisdiction as no dismissal occurred.
Judges
Pieter Venter
Legal Topics
Constructive Dismissal, Burden of Proof, Intolerable Work Conditions, Failure to Exhaust Grievance Procedures, Jurisdiction of Bargaining Council
Labour Law Constructive Dismissal Burden of Proof Intolerable Work Conditions Failure to Exhaust Grievance Procedures Jurisdiction of Bargaining Council

Case Brief

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Parties

Drakenstein Local Municipality

Applicant

Bradley Franko Matjan

Respondent

South African Local Government Bargaining Council (SALGBC)

Respondent

Commissioner Anne Erwin N.O.

Respondent

Procedural Posture

Review Application / Judgment on Unopposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the First Respondent was constructively dismissed under section 186(1)(e) of the Labour Relations Act.
  2. 2 Whether the Third Respondent correctly applied the burden of proof in constructive dismissal cases.
  3. 3 Whether the First Respondent exhausted internal grievance procedures before resigning.

Ratio Decidendi

The court found that the Third Respondent failed to correctly apply the legal test and burden of proof for constructive dismissal. The First Respondent did not exhaust internal grievance procedures or refer disputes for resolution before resigning. The evidence showed that the intolerable conditions alleged by the First Respondent were not caused by the Applicant, and that reasonable alternatives to resignation were available. The Third Respondent overlooked key evidence and incorrectly shifted the burden of proof onto the employer. Objectively, the employment relationship was not rendered intolerable by the Applicant's conduct, and no dismissal occurred within the meaning of section...

Court Disposition

Application granted; arbitration award reviewed and set aside; referral to SALGBC dismissed for lack of jurisdiction as no dismissal occurred.

Orders

  • The arbitration award of the Third Respondent dated 28 December 2023 under case number WCP072319 is reviewed and set aside.
  • The referral to the SALGBC is dismissed on the grounds of lack of jurisdiction as no dismissal occurred within the ambit of section 186(1)(e) of the Labour Relations Act.