Lorren v Raydian (Pty) Ltd (JS718/2023) [2025] ZALCJHB 228 (13 June 2025)

Lorren v Raydian (Pty) Ltd (JS718/2023) [2025] ZALCJHB 228 (13 June 2025)

The court found that the applicant, by her email dated 18 August 2023 and subsequent conduct, unequivocally manifested her intention to terminate the employment relationship prior to the expiry of the notice period. The use of the term 'revocation' and her actions in returning company property demonstrated a clear and unambiguous resignation. Accordingly, the applicant's employment ended by resignation on 18 August 2023, not by dismissal on operational grounds. As a result, the applicant was not entitled to relief for unfair dismissal under the Labour Relations Act, and her claim was dismissed.

Citation
[2025] ZALCJHB 228
Parties
Applicant: Inama Cindy Lorren; Respondent: Raydian (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 June 2025
Case Number
JS718/2023
Procedural Posture
Special Plea / Trial Judgment
Outcome
The special plea was upheld and the applicant's claim was dismissed. No order as to costs.
Judges
W Kruger
Legal Topics
Unfair Dismissal, Resignation, Retrenchment, Notice Period, Section 189 Consultation, Compensation
Labour Law Unfair Dismissal Resignation Retrenchment Notice Period Section 189 Consultation Compensation

Case Brief

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Parties

Inama Cindy Lorren

Applicant

Raydian (Pty) Ltd

Respondent

Procedural Posture

Special Plea / Trial Judgment

Legal Issues

  1. 1 Whether the applicant's employment was terminated by dismissal or resignation.
  2. 2 Whether the applicant is entitled to relief for unfair dismissal under the Labour Relations Act.
  3. 3 Whether the applicant's conduct constituted a resignation during the notice period.

Ratio Decidendi

The court found that the applicant, by her email dated 18 August 2023 and subsequent conduct, unequivocally manifested her intention to terminate the employment relationship prior to the expiry of the notice period. The use of the term 'revocation' and her actions in returning company property demonstrated a clear and unambiguous resignation. Accordingly, the applicant's employment ended by resignation on 18 August 2023, not by dismissal on operational grounds. As a result, the applicant was not entitled to relief for unfair dismissal under the Labour Relations Act, and her claim was dismissed.

Court Disposition

The special plea was upheld and the applicant's claim was dismissed. No order as to costs.

Orders

  • The special plea is upheld.
  • The applicant's claim is dismissed.