Maestro Housing (Pty) Ltd v CCMA and Others (J1161/00) [2001] ZALC 88; - (15 June 2001)

Maestro Housing (Pty) Ltd v CCMA and Others (J1161/00) [2001] ZALC 88; - (15 June 2001)

The Labour Court found that the arbitrator's award was well reasoned and justifiable. The arbitrator correctly identified that the applicant's conduct made continued employment intolerable for the third respondent, amounting to constructive dismissal. The attempt by the applicant to transfer the third respondent to a less favourable position, coupled with the lack of proper investigation into allegations against him, demonstrated unfair treatment. The court held that the technical nature of the employment contract did not diminish the third respondent's right to fair treatment under the Labour Relations Act. The application for review failed as the applicant did not demonstrate that the...

Citation
[2001] ZALC 88
Parties
Applicant: Maestro Housing (Pty) Ltd; Respondent: CCMA; Respondent: Mynhill, E NO; Respondent: Dhlamini, E M
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 June 2001
Case Number
J1161/00
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
E Revelas
Legal Topics
Constructive Dismissal, Unfair Dismissal, Piercing Corporate Veil, Employment Contracts
Labour Law Constructive Dismissal Unfair Dismissal Piercing Corporate Veil Employment Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

Maestro Housing (Pty) Ltd

Applicant

CCMA

Respondent

Mynhill, E NO

Respondent

Dhlamini, E M

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award in favour of the third respondent was justifiable and reasonable.
  2. 2 Whether the applicant's conduct amounted to constructive dismissal.
  3. 3 Whether the applicant attempted to circumvent the requirements of the Labour Relations Act by its treatment of the third respondent.

Ratio Decidendi

The Labour Court found that the arbitrator's award was well reasoned and justifiable. The arbitrator correctly identified that the applicant's conduct made continued employment intolerable for the third respondent, amounting to constructive dismissal. The attempt by the applicant to transfer the third respondent to a less favourable position, coupled with the lack of proper investigation into allegations against him, demonstrated unfair treatment. The court held that the technical nature of the employment contract did not diminish the third respondent's right to fair treatment under the Labour Relations Act. The application for review failed as the applicant did not demonstrate that the...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.