Sanitech (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1375/20) [2025] ZALCJHB 202 (28 May 2025)

Sanitech (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1375/20) [2025] ZALCJHB 202 (28 May 2025)

The court found that Ms Van Der Merwe failed to discharge the onus of proving that her continued employment was rendered intolerable to the extent that resignation was the only reasonable option. The employer's temporary salary reduction was a justified response to the Covid-19 crisis, aimed at preserving jobs and...

Source-derived case information.

Citation
[2025] ZALCJHB 202
Parties
Applicant: Sanitech (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Tumelo Mnisi N.O.; Respondent: Jeanette Michelle Van Der Merwe
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2025
Case Number
JR1375/20
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application succeeds. The arbitration award is reviewed and set aside. The referral to the CCMA is dismissed for lack of jurisdiction. No order as to costs.
Judges
B Mahalelo
Legal Topics
Constructive Dismissal, Covid 19 Salary Reduction, Review of Arbitration Award, Onus of Proof, Intolerability Test
Labour Law Civil Procedure Constructive Dismissal Covid 19 Salary Reduction Review of Arbitration Award Onus of Proof Intolerability Test

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Parties

Sanitech (Pty) Ltd

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Tumelo Mnisi N.O.

Respondent

Jeanette Michelle Van Der Merwe

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether Ms Van Der Merwe's resignation constituted a constructive dismissal under section 186(1)(e) of the LRA.
  2. 2 Whether the employer's temporary salary reduction during Covid-19 rendered continued employment intolerable.
  3. 3 Whether the arbitrator's award was reviewable on grounds of correctness and reasonableness.

Ratio Decidendi

The court found that Ms Van Der Merwe failed to discharge the onus of proving that her continued employment was rendered intolerable to the extent that resignation was the only reasonable option. The employer's temporary salary reduction was a justified response to the Covid-19 crisis, aimed at preserving jobs and was communicated as a short-term measure. Ms Van Der Merwe did not exhaust internal grievance procedures or allow the employer to address her concerns before resigning. The deduction was reversed, and she was not singled out or victimised. The arbitrator failed to apply the correct legal test, considered irrelevant evidence, and did not appreciate the true nature of the dispute....

Court Disposition

The review application succeeds. The arbitration award is reviewed and set aside. The referral to the CCMA is dismissed for lack of jurisdiction. No order as to costs.

Orders

  • The arbitration award of the commissioner dated 14 August 2020 is reviewed and set aside, and substituted with the order: 'The referral to the CCMA is dismissed on the grounds of a lack of jurisdiction.'
  • There is no order as to costs.