Swanepoel v KPMG Services (Pty) Ltd (J494/19) [2021] ZALCJHB 457; (2022) 43 ILJ 656 (LC) (13 December 2021)

Swanepoel v KPMG Services (Pty) Ltd (J494/19) [2021] ZALCJHB 457; (2022) 43 ILJ 656 (LC) (13 December 2021)

The court found that the applicant's contract of employment was terminated by mutual agreement, as reflected in the settlement agreement, and not by retrenchment or constructive dismissal. The applicant chose mutual separation to avoid disciplinary action, and the settlement agreement settled all claims in full and final terms. The court held that it lacked jurisdiction to order the respondent to record a false reason for termination in the UI-19 form, as this would constitute a criminal offence under the Unemployment Insurance Act. The relief sought by the applicant was therefore ill-conceived and unjustified, and the application was dismissed.

Citation
[2021] ZALCJHB 457
Parties
Applicant: Andre Pieter Swanepoel; Respondent: KPMG Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 December 2021
Case Number
J494/19
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed.
Judges
Nkutha-Nkontwana
Legal Topics
Unemployment Insurance Act, Mutual Termination, Settlement Agreement, Jurisdiction of Labour Court
Labour Law Civil Procedure Unemployment Insurance Act Mutual Termination Settlement Agreement Jurisdiction of Labour Court

Case Brief

Summary, issues, holding and outcome

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Parties

Andre Pieter Swanepoel

Applicant

KPMG Services (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the respondent must amend the applicant's UI-19 form and related documents to reflect 'retrenchment' as the reason for termination.
  2. 2 Whether the Labour Court has jurisdiction to compel the respondent to record a reason for termination contrary to the settlement agreement.
  3. 3 Whether recording 'involuntary resignation' or 'retrenchment' in the UI-19 form constitutes a criminal offence under the Unemployment Insurance Act.

Ratio Decidendi

The court found that the applicant's contract of employment was terminated by mutual agreement, as reflected in the settlement agreement, and not by retrenchment or constructive dismissal. The applicant chose mutual separation to avoid disciplinary action, and the settlement agreement settled all claims in full and final terms. The court held that it lacked jurisdiction to order the respondent to record a false reason for termination in the UI-19 form, as this would constitute a criminal offence under the Unemployment Insurance Act. The relief sought by the applicant was therefore ill-conceived and unjustified, and the application was dismissed.

Court Disposition

Application dismissed.

Orders

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