Sentry Security v Mullins NO and Others (J2519/00) [2001] ZALC 97 (2 July 2001)

Sentry Security v Mullins NO and Others (J2519/00) [2001] ZALC 97 (2 July 2001)

The court found that the applicant took reasonable steps to accommodate the third respondent's disability, including providing a ground floor office and an assistant. The arbitrator failed to apply the objective test for constructive dismissal and instead relied on the subjective discomfort of the third respondent. There was no evidence that the third respondent's ability to earn commission was impaired or that the applicant acted unreasonably. The court held that the arbitrator's award was not rationally connected to the evidence and set it aside, substituting it with a finding that the third respondent was not unfairly dismissed but resigned voluntarily. The third respondent was ordered...

Citation
[2001] ZALC 97
Parties
Applicant: Sentry Security; Respondent: Mullins, N.O.; Respondent: CCMA; Respondent: Pagel, K L
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 July 2001
Case Number
J2519/00
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is granted. The award is set aside and substituted with a finding that the third respondent was not unfairly dismissed but resigned voluntarily. Costs are awarded against the third respondent.
Judges
E. Revelas
Legal Topics
Constructive Dismissal, Reasonable Accommodation, Review of Arbitration Award, Costs Order
Labour Law Civil Procedure Constructive Dismissal Reasonable Accommodation Review of Arbitration Award Costs Order

Case Brief

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Parties

Sentry Security

Applicant

Mullins, N.O.

Respondent

CCMA

Respondent

Pagel, K L

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the third respondent was constructively dismissed by the applicant.
  2. 2 Whether the applicant took reasonable steps to accommodate the third respondent's disability.
  3. 3 Whether the arbitrator applied the correct legal test for constructive dismissal.

Ratio Decidendi

The court found that the applicant took reasonable steps to accommodate the third respondent's disability, including providing a ground floor office and an assistant. The arbitrator failed to apply the objective test for constructive dismissal and instead relied on the subjective discomfort of the third respondent. There was no evidence that the third respondent's ability to earn commission was impaired or that the applicant acted unreasonably. The court held that the arbitrator's award was not rationally connected to the evidence and set it aside, substituting it with a finding that the third respondent was not unfairly dismissed but resigned voluntarily. The third respondent was ordered...

Court Disposition

Application to review and set aside the arbitration award is granted. The award is set aside and substituted with a finding that the third respondent was not unfairly dismissed but resigned voluntarily. Costs are awarded against the third respondent.

Orders

  • The award made by the first respondent under case number GA57190 dated 28 April 2000 is set aside.
  • The award of the third respondent is substituted with: 'The third respondent was not unfairly dismissed by the applicant, but resigned of his own accord.'