Fakude v Spoornet and Others (JR1327/06) [2010] ZALCJHB 21 (9 December 2010)

Fakude v Spoornet and Others (JR1327/06) [2010] ZALCJHB 21 (9 December 2010)

The court found that the applicant failed to discharge the onus of proving that his resignation amounted to constructive dismissal. The evidence showed that the applicant resigned primarily due to dissatisfaction with his transfer to Nelspruit, not because the employer deliberately made continued employment intolerable. The commissioner considered all relevant facts and circumstances and reached a reasonable conclusion that the requirements for constructive dismissal were not met. The applicant's complaints about working conditions did not establish a nexus between the employer's conduct and the resignation. The arbitration award was therefore not unreasonable or irregular, and there was...

Citation
[2010] ZALCJHB 21
Parties
Applicant: Stanley Jabulani Fakude; Respondent: Spoornet; Respondent: The Director of Transnet Bargaining Council; Respondent: Arbitrator L. Dreyer N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 December 2010
Case Number
JR1327/06
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
Molahlehi
Legal Topics
Constructive Dismissal, Review of Arbitration Award, Onus of Proof, Operational Requirements, Costs in Labour Disputes
Labour Law Constructive Dismissal Review of Arbitration Award Onus of Proof Operational Requirements Costs in Labour Disputes

Case Brief

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Parties

Stanley Jabulani Fakude

Applicant

Spoornet

Respondent

The Director of Transnet Bargaining Council

Respondent

Arbitrator L. Dreyer N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant's resignation amounted to constructive dismissal as contemplated by section 186(1)(e) of the Labour Relations Act.
  2. 2 Whether the arbitrator committed gross irregularities or ignored material evidence in reaching the award.
  3. 3 Whether the arbitration award should be reviewed and set aside.

Ratio Decidendi

The court found that the applicant failed to discharge the onus of proving that his resignation amounted to constructive dismissal. The evidence showed that the applicant resigned primarily due to dissatisfaction with his transfer to Nelspruit, not because the employer deliberately made continued employment intolerable. The commissioner considered all relevant facts and circumstances and reached a reasonable conclusion that the requirements for constructive dismissal were not met. The applicant's complaints about working conditions did not establish a nexus between the employer's conduct and the resignation. The arbitration award was therefore not unreasonable or irregular, and there was...

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The applicant’s application to review the arbitration award issued on 15 April 2006 is dismissed.
  • There is no order as to costs.