Mkhonto v Ford NO and Others (JA61/99) [2000] ZALAC 12 (30 March 2000)

Mkhonto v Ford NO and Others (JA61/99) [2000] ZALAC 12 (30 March 2000)

The Labour Appeal Court found that the appellant was offered unconditional reinstatement prior to the effective date of her dismissal, and that her refusal to accept or even consider the offer was grossly unreasonable. The commissioner failed to consider this material evidence, resulting in a misdirection. The court held that fairness did not require compensation to be paid to an employee who ignored a genuine offer of reinstatement. The order referring the dispute back to the CCMA was overturned, and the costs of the appeal and application for leave to appeal were awarded against the appellant.

Citation
[2000] ZALAC 12
Parties
Appellant: M Mkhonto; Respondent: B L Ford N.O.; Respondent: The Commissioner for Conciliation, Mediation and Arbitration; Respondent: MM de Villiers
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
30 March 2000
Case Number
JA61/99
Procedural Posture
Civil Appeal / Appeal From Labour Court Decision; Leave to Appeal Granted
Outcome
Appeal dismissed with costs; order of the court a quo setting aside the first respondent’s award upheld; remittal to CCMA overturned.
Judges
Conradie, Zondo, Willis
Legal Topics
Procedural Fairness, Reinstatement Offer, Compensation for Unfair Dismissal, Costs Award
Labour Law Civil Procedure Procedural Fairness Reinstatement Offer Compensation for Unfair Dismissal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

M Mkhonto

Appellant

B L Ford N.O.

Respondent

The Commissioner for Conciliation, Mediation and Arbitration

Respondent

MM de Villiers

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Decision; Leave to Appeal Granted

Legal Issues

  1. 1 Whether the appellant was entitled to compensation for procedurally unfair dismissal despite an unconditional offer of reinstatement.
  2. 2 Whether the first respondent (commissioner) erred by failing to consider the offer of reinstatement.
  3. 3 Whether the remittal of the dispute to the CCMA was appropriate.

Ratio Decidendi

The Labour Appeal Court found that the appellant was offered unconditional reinstatement prior to the effective date of her dismissal, and that her refusal to accept or even consider the offer was grossly unreasonable. The commissioner failed to consider this material evidence, resulting in a misdirection. The court held that fairness did not require compensation to be paid to an employee who ignored a genuine offer of reinstatement. The order referring the dispute back to the CCMA was overturned, and the costs of the appeal and application for leave to appeal were awarded against the appellant.

Court Disposition

Appeal dismissed with costs; order of the court a quo setting aside the first respondent’s award upheld; remittal to CCMA overturned.

Orders

  • The appeal is dismissed with costs.
  • The order of the court a quo setting aside the first respondent’s award is upheld.