Serrem v Commission for Conciliation, Mediation and Arbitration and Others (JR 1585/19) [2021] ZALCJHB 200 (29 July 2021)

Serrem v Commission for Conciliation, Mediation and Arbitration and Others (JR 1585/19) [2021] ZALCJHB 200 (29 July 2021)

The court found that the applicant had not been constructively dismissed within the meaning of section 186(1)(e) of the Labour Relations Act. Although the applicant was suspended without pay and claimed not to have received a fair hearing, her resignation was not the only recourse available. She could have referred an unfair labour practice dispute regarding her suspension. The applicant's resignation was primarily motivated by her desire to access pension/provident fund benefits, and her personal financial circumstances did not render her continued employment objectively intolerable. The court further held that the real dispute before the arbitrator was constructive dismissal, not unfair...

Citation
[2021] ZALCJHB 200
Parties
Applicant: Annette Elizabeth Serrem; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Jacob Daniel Sello N.O.; Respondent: Dikgabo Di Kopane Merchandising (Pty) Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 July 2021
Case Number
JR 1585/19
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed.
Judges
Manchu
Legal Topics
Constructive Dismissal, Unfair Suspension, Unfair Labour Practice, Section 186 Lra, Review of Arbitration Award
Labour Law Constructive Dismissal Unfair Suspension Unfair Labour Practice Section 186 Lra Review of Arbitration Award

Case Brief

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Parties

Annette Elizabeth Serrem

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Jacob Daniel Sello N.O.

Respondent

Dikgabo Di Kopane Merchandising (Pty) Limited

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant was constructively dismissed as contemplated by section 186(1)(e) of the Labour Relations Act.
  2. 2 Whether the applicant's suspension without pay constituted an unfair labour practice under section 186(2)(b) of the Labour Relations Act.
  3. 3 Whether the arbitration award should be reviewed and set aside.

Ratio Decidendi

The court found that the applicant had not been constructively dismissed within the meaning of section 186(1)(e) of the Labour Relations Act. Although the applicant was suspended without pay and claimed not to have received a fair hearing, her resignation was not the only recourse available. She could have referred an unfair labour practice dispute regarding her suspension. The applicant's resignation was primarily motivated by her desire to access pension/provident fund benefits, and her personal financial circumstances did not render her continued employment objectively intolerable. The court further held that the real dispute before the arbitrator was constructive dismissal, not unfair...

Court Disposition

The review application is dismissed.

Orders

  • The review application is dismissed.
  • There is no order as to costs.