Fachin v Age Technologies Johannesburg (Pty) Ltd and Others (JR 891/08) [2011] ZALCJHB 140 (28 February 2011)

Fachin v Age Technologies Johannesburg (Pty) Ltd and Others (JR 891/08) [2011] ZALCJHB 140 (28 February 2011)

The court held that the commissioner’s finding—that the applicant failed to prove the existence of a dismissal—was reasonable and supported by the evidence. The applicant’s resignation followed a negotiated settlement, and the payment of R60,000 corroborated the respondent’s version. The applicant did not return the money, further indicating acceptance of the agreement. The commissioner was not required to determine substantive or procedural fairness until dismissal was established. The applicant’s challenge amounted to an appeal on the merits, not a review on the grounds of unreasonableness. The decision fell within the band of reasonable outcomes and did not warrant interference.

Citation
[2011] ZALCJHB 140
Parties
Applicant: Riccardo Fachin; Respondent: Age Technologies Johannesburg (Pty) Ltd; Respondent: The Commission for Conciliation Mediation and Arbitration; Respondent: Raffee N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2011
Case Number
JR 891/08
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Constructive Dismissal, Review of Arbitration Award, Onus of Proof, Unfair Dismissal, Reasonableness of Decision
Labour Law Civil Procedure Constructive Dismissal Review of Arbitration Award Onus of Proof Unfair Dismissal Reasonableness of Decision

Case Brief

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Parties

Riccardo Fachin

Applicant

Age Technologies Johannesburg (Pty) Ltd

Respondent

The Commission for Conciliation Mediation and Arbitration

Respondent

Raffee N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant was constructively dismissed or resigned voluntarily.
  2. 2 Whether the commissioner’s arbitration award was reviewable on the grounds of unreasonableness.
  3. 3 Whether the applicant discharged the onus of proving a dismissal under section 186 of the LRA.

Ratio Decidendi

The court held that the commissioner’s finding—that the applicant failed to prove the existence of a dismissal—was reasonable and supported by the evidence. The applicant’s resignation followed a negotiated settlement, and the payment of R60,000 corroborated the respondent’s version. The applicant did not return the money, further indicating acceptance of the agreement. The commissioner was not required to determine substantive or procedural fairness until dismissal was established. The applicant’s challenge amounted to an appeal on the merits, not a review on the grounds of unreasonableness. The decision fell within the band of reasonable outcomes and did not warrant interference.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.