Kukard v GKD Delkor (Pty) Ltd (JA52/2013) [2014] ZALAC 52; [2015] 1 BLLR 63 (LAC); (2015) 36 ILJ 640 (LAC) (7 October 2014)

Kukard v GKD Delkor (Pty) Ltd (JA52/2013) [2014] ZALAC 52; [2015] 1 BLLR 63 (LAC); (2015) 36 ILJ 640 (LAC) (7 October 2014)

The Labour Appeal Court found that an employment relationship existed between the appellant and the respondent as a result of the settlement agreement and the appellant’s tender of services. The respondent’s conduct in offering employment on different terms, withdrawing the offer, and instructing the appellant to return company property and leave the premises constituted a dismissal as defined in section 186(1)(a) of the LRA. The offers of re-employment made by the respondent were not genuine or unconditional, and the appellant’s refusal to accept them was reasonable given the circumstances. The Commissioner’s award of compensation equivalent to seven months’ salary was found to be just...

Citation
[2014] ZALAC 52
Parties
Appellant: Ruan Kukard; Respondent: GKD Delkor (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
7 October 2014
Case Number
JA52/2013
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award
Outcome
Appeal upheld; Labour Court judgment set aside; review application dismissed with costs.
Judges
Musi JA, Murphy AJA, Kathree-Setiloane AJA
Legal Topics
Unfair Dismissal, Settlement Agreement, Compensation Award, Employment Relationship, Restraint of Trade
Labour Law Unfair Dismissal Settlement Agreement Compensation Award Employment Relationship Restraint of Trade

Case Brief

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Parties

Ruan Kukard

Appellant

GKD Delkor (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award

Legal Issues

  1. 1 Whether the appellant was dismissed by the respondent within the meaning of section 186(1)(a) of the Labour Relations Act.
  2. 2 Whether the CCMA had jurisdiction to determine the unfair dismissal dispute.
  3. 3 Whether the compensation awarded by the Commissioner was just and equitable.

Ratio Decidendi

The Labour Appeal Court found that an employment relationship existed between the appellant and the respondent as a result of the settlement agreement and the appellant’s tender of services. The respondent’s conduct in offering employment on different terms, withdrawing the offer, and instructing the appellant to return company property and leave the premises constituted a dismissal as defined in section 186(1)(a) of the LRA. The offers of re-employment made by the respondent were not genuine or unconditional, and the appellant’s refusal to accept them was reasonable given the circumstances. The Commissioner’s award of compensation equivalent to seven months’ salary was found to be just...

Court Disposition

Appeal upheld; Labour Court judgment set aside; review application dismissed with costs.

Orders

  • The appeal is upheld.
  • The order of the Labour Court in the review application is set aside and substituted with: 'The application is dismissed with costs.'