Solid Doors (Pty) Ltd v Theron and Others (CA 4/03) [2004] ZALC 69 (22 September 2004)

Solid Doors (Pty) Ltd v Theron and Others (CA 4/03) [2004] ZALC 69 (22 September 2004)

The Labour Appeal Court held that the essential requirement for constructive dismissal is that the employee must terminate the contract of employment due to intolerable conditions created by the employer. In this case, the employee did not terminate the contract but claimed to have been dismissed by the employer. The evidence, including correspondence from the employee and his union, consistently indicated that the employee regarded himself as dismissed, not as having resigned. The commissioner failed to apply the correct legal test for constructive dismissal and omitted the requirement that the employee must have terminated the contract. As a result, the finding of constructive dismissal...

Citation
[2004] ZALC 69
Parties
Appellant: Solid Doors (Pty) Ltd; Respondent: Commissioner J.P. Theron; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Grant Clapton
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 September 2004
Case Number
CA 4/03
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment on Review of Arbitration Award
Outcome
Appeal upheld; arbitration award set aside.
Judges
Jafta AJA, Zondo JP, Mogoeng JA
Legal Topics
Constructive Dismissal, Jurisdiction of Ccma, Review of Arbitration Award, Procedural Fairness, Termination of Employment
Labour Law Constructive Dismissal Jurisdiction of Ccma Review of Arbitration Award Procedural Fairness Termination of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Solid Doors (Pty) Ltd

Appellant

Commissioner J.P. Theron

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Grant Clapton

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the employee was constructively dismissed as defined by section 186(1)(e) of the Labour Relations Act.
  2. 2 Whether the CCMA had jurisdiction to arbitrate the dispute without prior conciliation of a constructive dismissal claim.
  3. 3 Whether the commissioner misconstrued the requirements for constructive dismissal.

Ratio Decidendi

The Labour Appeal Court held that the essential requirement for constructive dismissal is that the employee must terminate the contract of employment due to intolerable conditions created by the employer. In this case, the employee did not terminate the contract but claimed to have been dismissed by the employer. The evidence, including correspondence from the employee and his union, consistently indicated that the employee regarded himself as dismissed, not as having resigned. The commissioner failed to apply the correct legal test for constructive dismissal and omitted the requirement that the employee must have terminated the contract. As a result, the finding of constructive dismissal...

Court Disposition

Appeal upheld; arbitration award set aside.

Orders

  • The appeal is upheld with costs.
  • The order of the Labour Court is set aside and replaced with an order setting aside the arbitrator's award dated 12 September 2001 under case number WE31706.