May and Another v Nuwerus Vines(PTY) Ltd (C215/2017) [2022] ZALCCT 30 (21 June 2022)

May and Another v Nuwerus Vines(PTY) Ltd (C215/2017) [2022] ZALCCT 30 (21 June 2022)

The court found that the evidence did not support the arbitrator's conclusion that the applicants had resigned. Mr May's statement about possibly resigning at the end of the harvest was not an unequivocal resignation, and Ms May did not express any intention to resign. The employer's insistence on written resignations and immediate termination was inconsistent with a mutual resignation. The arbitrator's reliance on certain evidence was misplaced and not put to the applicants in cross-examination. The court held that the applicants were dismissed, and the dismissal was both substantively and procedurally unfair, as the employer provided no justification or fair process. However, the...

Citation
[2022] ZALCCT 30
Parties
Applicant: Isak May; Applicant: Anna May; Respondent: Nuwerus Vines (PTY) Ltd; Respondent: Sue Wright (N.O.); Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
21 June 2022
Case Number
C215/2017
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
The arbitrator's finding that the applicants were not dismissed is reviewed and set aside. The applicants were substantively and procedurally unfairly dismissed. Compensation of two months' remuneration is awarded to each applicant.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Jurisdictional Issue, Compensation, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Jurisdictional Issue Compensation Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Isak May

Applicant

Anna May

Applicant

Nuwerus Vines (PTY) Ltd

Respondent

Sue Wright (N.O.)

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicants were dismissed or resigned from employment.
  2. 2 Whether the arbitrator's finding that the applicants resigned was objectively supported by the evidence.
  3. 3 Whether the dismissal, if found, was substantively and procedurally unfair.

Ratio Decidendi

The court found that the evidence did not support the arbitrator's conclusion that the applicants had resigned. Mr May's statement about possibly resigning at the end of the harvest was not an unequivocal resignation, and Ms May did not express any intention to resign. The employer's insistence on written resignations and immediate termination was inconsistent with a mutual resignation. The arbitrator's reliance on certain evidence was misplaced and not put to the applicants in cross-examination. The court held that the applicants were dismissed, and the dismissal was both substantively and procedurally unfair, as the employer provided no justification or fair process. However, the...

Court Disposition

The arbitrator's finding that the applicants were not dismissed is reviewed and set aside. The applicants were substantively and procedurally unfairly dismissed. Compensation of two months' remuneration is awarded to each applicant.

Orders

  • The finding of the Second Respondent in her award dated 31 March 2017 in case number WECT 20314-16 that the Applicants were not dismissed by the First Respondent is reviewed and set aside.
  • Both Applicants were substantively and procedurally unfairly dismissed by the First Respondent.