Murray v Minister of Defence (383/2006) [2008] ZASCA 44; [2008] 3 All SA 66 (SCA); [2008] 6 BLLR 513 (SCA) ; 2009 (3) SA 130 (SCA); 2008 (11) BCLR 1175 (SCA); (2008) 29 ILJ 1369 (SCA) (31 March 2008)

Murray v Minister of Defence (383/2006) [2008] ZASCA 44; [2008] 3 All SA 66 (SCA); [2008] 6 BLLR 513 (SCA) ; 2009 (3) SA 130 (SCA); 2008 (11) BCLR 1175 (SCA); (2008) 29 ILJ 1369 (SCA) (31 March 2008)

The Supreme Court of Appeal held that the appellant's resignation was the result of intolerable conditions created by the navy, for which the navy was culpably responsible. While the navy's operational decisions and disciplinary actions were largely justified, its failure to consult the appellant regarding the downgrading of his post and to adequately explain the alternative position offered constituted a breach of the duty of fair dealing required by the constitutionally developed common law. The navy's conduct left the appellant under a material misapprehension about his employment prospects, making his continued employment intolerable and leading to his resignation. The court found...

Citation
[2008] ZASCA 44
Parties
Appellant: Glenville Frederick Murray; Respondent: Minister of Defence
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2008
Case Number
383/2006
Procedural Posture
Civil Appeal / Appeal From the Cape High Court Judgment Dismissing the Plaintiff's Action for Damages for Constructive Dismissal.
Outcome
Appeal upheld. The order of the trial court is set aside and replaced with an order entitling the appellant to compensation for constructive dismissal.
Judges
Mpati, Cameron, Mlambo, Combrinck, Cachalia
Legal Topics
Constructive Dismissal, Fair Labour Practices, Constitutional Development of Common Law, Duty of Fair Dealing, Employment Contract, Reinstatement Principle
Labour Law Constitutional Law Constructive Dismissal Fair Labour Practices Constitutional Development of Common Law Duty of Fair Dealing Employment Contract Reinstatement Principle

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Parties

Glenville Frederick Murray

Appellant

Minister of Defence

Respondent

Procedural Posture

Civil Appeal / Appeal From the Cape High Court Judgment Dismissing the Plaintiff's Action for Damages for Constructive Dismissal.

Legal Issues

  1. 1 Whether the appellant was constructively dismissed by the respondent.
  2. 2 Whether the respondent breached the duty of fair dealing owed to the appellant under the constitutionally developed common law.
  3. 3 Whether the appellant is entitled to compensation for constructive dismissal.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant's resignation was the result of intolerable conditions created by the navy, for which the navy was culpably responsible. While the navy's operational decisions and disciplinary actions were largely justified, its failure to consult the appellant regarding the downgrading of his post and to adequately explain the alternative position offered constituted a breach of the duty of fair dealing required by the constitutionally developed common law. The navy's conduct left the appellant under a material misapprehension about his employment prospects, making his continued employment intolerable and leading to his resignation. The court found...

Court Disposition

Appeal upheld. The order of the trial court is set aside and replaced with an order entitling the appellant to compensation for constructive dismissal.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the trial court is set aside.