Mapengo v Commission for Conciliation Mediation and Arbitration and Others (JR362/2014) [2015] ZALCJHB 335 (30 September 2015)

Mapengo v Commission for Conciliation Mediation and Arbitration and Others (JR362/2014) [2015] ZALCJHB 335 (30 September 2015)

The Labour Court found that the applicant was constructively dismissed. The evidence showed that the applicant was placed in an intolerable position by the employer, specifically by the conduct of Advocate Motimele, who changed his stance regarding the applicant's qualifications and failed to rebut the applicant's testimony at arbitration. The applicant did not misrepresent his qualifications and was assured that his lack of admission could be resolved. The Board's decision to relieve the applicant of his position, pending investigation, and the lack of direct evidence from Motimele supported the applicant's claim. The Commissioner erred in finding that no dismissal occurred. The award...

Citation
[2015] ZALCJHB 335
Parties
Applicant: Kenneth Mapengo; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Thembekile Nsibanyoni; Respondent: BLA-Legal Education Trust
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 September 2015
Case Number
JR362/2014
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
The applicant was constructively dismissed. The arbitration award is set aside and the matter is remitted to the CCMA for determination of the fairness of the dismissal.
Judges
Rabkin-Naicker
Legal Topics
Constructive Dismissal, Onus of Proof, Jurisdiction of Ccma, Trust Deed Requirements
Labour Law Constructive Dismissal Onus of Proof Jurisdiction of Ccma Trust Deed Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Kenneth Mapengo

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Thembekile Nsibanyoni

Respondent

BLA-Legal Education Trust

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the applicant was constructively dismissed by the employer.
  2. 2 Whether the CCMA had jurisdiction to entertain the dispute.
  3. 3 Whether the employer's conduct made continued employment intolerable for the applicant.

Ratio Decidendi

The Labour Court found that the applicant was constructively dismissed. The evidence showed that the applicant was placed in an intolerable position by the employer, specifically by the conduct of Advocate Motimele, who changed his stance regarding the applicant's qualifications and failed to rebut the applicant's testimony at arbitration. The applicant did not misrepresent his qualifications and was assured that his lack of admission could be resolved. The Board's decision to relieve the applicant of his position, pending investigation, and the lack of direct evidence from Motimele supported the applicant's claim. The Commissioner erred in finding that no dismissal occurred. The award...

Court Disposition

The applicant was constructively dismissed. The arbitration award is set aside and the matter is remitted to the CCMA for determination of the fairness of the dismissal.

Orders

  • The applicant was dismissed by the third respondent.
  • The Award under Case number GAJB 1149-13 is reviewed and set aside.