Liberty Group Ltd v CCMA and Others (JR 2048/03) [2004] ZALC 79 (29 October 2004)

Liberty Group Ltd v CCMA and Others (JR 2048/03) [2004] ZALC 79 (29 October 2004)

The Court found that the third respondent failed to satisfy the requirements for constructive dismissal. She did not resign in the legal sense, as she denied terminating the employment relationship and was willing to return if her exit date was not confirmed. The evidence did not support that continued employment was intolerable, nor that the employer's conduct caused the termination. The perceived demotion was unfounded; there was no change in job level, salary, or reporting structure that amounted to a demotion. The commissioner relied on a contested document without proper evidentiary basis and failed to apply the objective test for constructive dismissal. The compensation awarded was...

Citation
[2004] ZALC 79
Parties
Applicant: Liberty Group Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner M S Raffee; Respondent: Itseng Eileen Mogorosi
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 October 2004
Case Number
JR 2048/03
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The application is dismissed. No order as to costs.
Judges
Ngcamu
Legal Topics
Constructive Dismissal, Review of Arbitration Award, Onus of Proof, Demotion, Compensation Quantification
Labour Law Civil Procedure Constructive Dismissal Review of Arbitration Award Onus of Proof Demotion Compensation Quantification

Case Brief

Summary, issues, holding and outcome

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Parties

Liberty Group Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner M S Raffee

Respondent

Itseng Eileen Mogorosi

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner correctly found that the third respondent was constructively dismissed.
  2. 2 Whether the commissioner committed gross irregularities in his findings and award.
  3. 3 Whether the requirements for constructive dismissal were satisfied.

Ratio Decidendi

The Court found that the third respondent failed to satisfy the requirements for constructive dismissal. She did not resign in the legal sense, as she denied terminating the employment relationship and was willing to return if her exit date was not confirmed. The evidence did not support that continued employment was intolerable, nor that the employer's conduct caused the termination. The perceived demotion was unfounded; there was no change in job level, salary, or reporting structure that amounted to a demotion. The commissioner relied on a contested document without proper evidentiary basis and failed to apply the objective test for constructive dismissal. The compensation awarded was...

Court Disposition

The arbitration award is reviewed and set aside. The application is dismissed. No order as to costs.

Orders

  • The award is reviewed and set aside and substituted with the order that the applicant has failed to establish the dismissal and the application is dismissed.
  • There is no order as to costs.