Lemley v Commission for Conciliation Mediation and Arbitration and Others (PA6/2018) [2020] ZALAC 6; (2020) 41 ILJ 1339 (LAC); [2020] 7 BLLR 676 (LAC) (4 March 2020)

Lemley v Commission for Conciliation Mediation and Arbitration and Others (PA6/2018) [2020] ZALAC 6; (2020) 41 ILJ 1339 (LAC); [2020] 7 BLLR 676 (LAC) (4 March 2020)

The appellant unreasonably refused the employer’s offer of alternative employment, as he did not provide reasons for his refusal nor engage with the employer to discuss his constraints. The commissioner’s finding that there were no sound reasons for the refusal was reasonable and supported by the evidence. The Labour Court correctly dismissed the review application, as the appellant’s approach was obtuse and unreasonable, and his age and years of service did not justify his refusal. The statutory framework under section 41(4) of the Basic Conditions of Employment Act precludes entitlement to severance pay in these circumstances.

Citation
[2020] ZALAC 6
Parties
Appellant: Edward Lemley; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Cokile N.O.; Respondent: T-Systems SA (Pty) Limited
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
4 March 2020
Case Number
PA6/2018
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed; no costs order granted.
Judges
Waglay, Murphy, Savage
Legal Topics
Severance Pay, Dismissal for Operational Requirements, Alternative Employment Offer, Basic Conditions of Employment Act, Review of Arbitration Award
Labour Law Severance Pay Dismissal for Operational Requirements Alternative Employment Offer Basic Conditions of Employment Act Review of Arbitration Award

Case Brief

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Parties

Edward Lemley

Appellant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Cokile N.O.

Respondent

T-Systems SA (Pty) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the appellant unreasonably refused the employer's offer of alternative employment, thereby forfeiting entitlement to severance pay.
  2. 2 Whether the commissioner’s decision was one that a reasonable decision-maker could reach on the facts.
  3. 3 Whether the Labour Court correctly dismissed the review application.

Ratio Decidendi

The appellant unreasonably refused the employer’s offer of alternative employment, as he did not provide reasons for his refusal nor engage with the employer to discuss his constraints. The commissioner’s finding that there were no sound reasons for the refusal was reasonable and supported by the evidence. The Labour Court correctly dismissed the review application, as the appellant’s approach was obtuse and unreasonable, and his age and years of service did not justify his refusal. The statutory framework under section 41(4) of the Basic Conditions of Employment Act precludes entitlement to severance pay in these circumstances.

Court Disposition

Appeal dismissed; no costs order granted.

Orders

  • The appeal is dismissed.
  • No order as to costs.