John and Others v HTK Manufacturers SA (Pty) Ltd (J466/99) [2000] ZALC 56 (26 June 2000)

John and Others v HTK Manufacturers SA (Pty) Ltd (J466/99) [2000] ZALC 56 (26 June 2000)

The court found that the applicants failed to establish, on the evidence presented, that they were dismissed by the respondent. The witness testimony was inconsistent and irreconcilable, and some evidence was found to be palpably false. The correspondence and union letter did not support the applicants' claim of dismissal, instead indicating that the employees were placed on short time and not dismissed. Applying the test for absolution from the instance, the court held that there was insufficient evidence upon which a reasonable court could find for the applicants. Accordingly, absolution from the instance was granted.

Citation
[2000] ZALC 56
Parties
Applicant: John and 62 members of WESUSA; Respondent: HTK Manufacturers SA (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 June 2000
Case Number
J466/99
Procedural Posture
Trial / Application for Absolution From the Instance at Close of Applicants' Case
Outcome
Absolution from the instance granted in favour of the respondent.
Judges
A A Landman
Legal Topics
Dismissal, Onus of Proof, Absolution From Instance, Credibility of Witnesses
Labour Law Dismissal Onus of Proof Absolution From Instance Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

John and 62 members of WESUSA

Applicant

HTK Manufacturers SA (Pty) Ltd

Respondent

Procedural Posture

Trial / Application for Absolution From the Instance at Close of Applicants' Case

Legal Issues

  1. 1 Whether the applicants were dismissed by the respondent.
  2. 2 Whether the applicants have made out a prima facie case of dismissal.
  3. 3 Whether the evidence supports a finding for the applicants on the issue of dismissal.

Ratio Decidendi

The court found that the applicants failed to establish, on the evidence presented, that they were dismissed by the respondent. The witness testimony was inconsistent and irreconcilable, and some evidence was found to be palpably false. The correspondence and union letter did not support the applicants' claim of dismissal, instead indicating that the employees were placed on short time and not dismissed. Applying the test for absolution from the instance, the court held that there was insufficient evidence upon which a reasonable court could find for the applicants. Accordingly, absolution from the instance was granted.

Court Disposition

Absolution from the instance granted in favour of the respondent.

Orders

  • Absolution from the instance is granted.
  • WESUSA is ordered to pay the costs on a party and party scale.