Liberty Group Ltd v CCMA and Others (JR2048/03) [2005] ZALC 39 (20 January 2005)

Liberty Group Ltd v CCMA and Others (JR2048/03) [2005] ZALC 39 (20 January 2005)

The court found that the third respondent failed to establish the three requirements for constructive dismissal. The evidence showed she did not resign or terminate her employment contract, nor was her departure caused by intolerable conduct of the employer. The reporting structure change did not amount to a demotion, and her willingness to return to work if the employer did not confirm her exit date contradicted any claim of intolerability. The commissioner misapplied the law by relying on unproven documents and subjective perceptions. The compensation awarded was arbitrary and lacked rational motivation. The award was reviewed and set aside, with the application dismissed.

Citation
[2005] ZALC 39
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
20 January 2005
Case Number
JR2048/03
Procedural Posture
Review Application / Judgment After Review of CCMA Arbitration Award
Outcome
Application dismissed; CCMA award reviewed and set aside.
Judges
Ngcamu AJ
Legal Topics
Constructive Dismissal, Review of Arbitration Award, Compensation Quantification, Demotion, Onus of Proof
Labour Law Civil Procedure Constructive Dismissal Review of Arbitration Award Compensation Quantification Demotion Onus of Proof

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 After Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the employee was constructively dismissed within the meaning of section 186(e) of the Labour Relations Act.
  2. 2 Whether the commissioner committed gross irregularities in his findings and award.
  3. 3 Whether the compensation awarded was rational and justified.

Ratio Decidendi

The court found that the third respondent failed to establish the three requirements for constructive dismissal. The evidence showed she did not resign or terminate her employment contract, nor was her departure caused by intolerable conduct of the employer. The reporting structure change did not amount to a demotion, and her willingness to return to work if the employer did not confirm her exit date contradicted any claim of intolerability. The commissioner misapplied the law by relying on unproven documents and subjective perceptions. The compensation awarded was arbitrary and lacked rational motivation. The award was reviewed and set aside, with the application dismissed.

Court Disposition

Application dismissed; CCMA award reviewed and set aside.

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.