Krishna v University of Kwazulu-Natal (D62/09) [2012] ZALCD 1; (2012) 33 ILJ 1688 (LC) (1 January 2012)

Krishna v University of Kwazulu-Natal (D62/09) [2012] ZALCD 1; (2012) 33 ILJ 1688 (LC) (1 January 2012)

The applicant failed to establish that she was dismissed by the respondent. The evidence showed she consented to the transfer to the NHLS as an alternative to possible retrenchment, and the transfer was effected in accordance with section 197 of the LRA. The transfer did not terminate her employment contract but continued it with the new employer. The documents relied upon by the applicant did not constitute threats but merely informed her of the consequences of refusing the transfer. The applicant's claim of unfair dismissal was unsupported by the facts and law, and her consent to the transfer negated any claim of dismissal. Consequently, the applicant's claim was dismissed.

Citation
[2012] ZALCD 1
Parties
Applicant: Indira Krishna; Respondent: University of Kwazulu-Natal
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
1 January 2012
Case Number
D62/09
Procedural Posture
Unfair Dismissal Application / Trial and Judgment
Outcome
Applicant's claim dismissed with costs.
Judges
D H Gush
Legal Topics
Unfair Dismissal, Transfer of Business, Section 197 Lra, Operational Requirements, Jurisdiction, Consent to Transfer
Labour Law Unfair Dismissal Transfer of Business Section 197 Lra Operational Requirements Jurisdiction Consent to Transfer

Case Brief

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Parties

Indira Krishna

Applicant

University of Kwazulu-Natal

Respondent

Procedural Posture

Unfair Dismissal Application / Trial and Judgment

Legal Issues

  1. 1 Whether the applicant was dismissed by the respondent.
  2. 2 Whether the transfer of the applicant to the NHLS constituted a dismissal under the Labour Relations Act.
  3. 3 Whether the applicant's consent to transfer negated any claim of unfair dismissal.

Ratio Decidendi

The applicant failed to establish that she was dismissed by the respondent. The evidence showed she consented to the transfer to the NHLS as an alternative to possible retrenchment, and the transfer was effected in accordance with section 197 of the LRA. The transfer did not terminate her employment contract but continued it with the new employer. The documents relied upon by the applicant did not constitute threats but merely informed her of the consequences of refusing the transfer. The applicant's claim of unfair dismissal was unsupported by the facts and law, and her consent to the transfer negated any claim of dismissal. Consequently, the applicant's claim was dismissed.

Court Disposition

Applicant's claim dismissed with costs.

Orders

  • The applicant's claim is dismissed with costs.