Lombard v Mhlantla and Another (P250/98) [1999] ZALC 37 (12 March 1999)

Lombard v Mhlantla and Another (P250/98) [1999] ZALC 37 (12 March 1999)

The court found that the applicant's employment was terminated by agreement, not by dismissal. The evidence, including the applicant's own affidavit and the supporting affidavit of Ms. Maqoma, established that the applicant and his union representative requested to resign rather than remain dismissed, and this was agreed to by the second respondent. The court rejected the applicant's argument that the agreement was merely for appearances, holding that the purpose of the agreement was to ensure the applicant's record reflected a resignation, not a dismissal. As a result, the dismissal was revoked and the termination was by agreement. Consequently, the Labour Court lacked jurisdiction to...

Citation
[1999] ZALC 37
Parties
Applicant: Jacobus Petrus Lombard; Respondent: Commissioner Nonkosi Mhlantla; Respondent: ABSA Bank Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 March 1999
Case Number
P250/98
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
GON
Legal Topics
Jurisdiction of Labour Court, Condonation, Termination by Agreement, Constructive Dismissal
Labour Law Civil Procedure Jurisdiction of Labour Court Condonation Termination by Agreement Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Jacobus Petrus Lombard

Applicant

Commissioner Nonkosi Mhlantla

Respondent

ABSA Bank Limited

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the termination of employment was by agreement or constituted a dismissal.
  2. 2 Whether the Labour Court has jurisdiction to review the condonation decision if there was no dismissal.
  3. 3 Whether the applicant was forced to resign or voluntarily agreed to resignation.

Ratio Decidendi

The court found that the applicant's employment was terminated by agreement, not by dismissal. The evidence, including the applicant's own affidavit and the supporting affidavit of Ms. Maqoma, established that the applicant and his union representative requested to resign rather than remain dismissed, and this was agreed to by the second respondent. The court rejected the applicant's argument that the agreement was merely for appearances, holding that the purpose of the agreement was to ensure the applicant's record reflected a resignation, not a dismissal. As a result, the dismissal was revoked and the termination was by agreement. Consequently, the Labour Court lacked jurisdiction to...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.