Thumbtribe Trading CC v Commission for Conciliation, Mediation and Arbitration and Others (D409/2011) [2014] ZALCD 23 (27 March 2014)

Thumbtribe Trading CC v Commission for Conciliation, Mediation and Arbitration and Others (D409/2011) [2014] ZALCD 23 (27 March 2014)

The court found that the second respondent committed a gross irregularity in her assessment of the evidence, particularly by failing to apply the objective test for constructive dismissal and by accepting the third respondent's subjective perceptions without sufficient scrutiny. The evidence showed that, in the relevant period, the third respondent did not work excessive hours and was not subjected to treatment that met the legal standard of 'intolerable'. The court held that the third respondent's resignation was an excessive reaction to management style and not a response to intolerable working conditions. The contradictions between the third respondent's statements to her doctor and...

Citation
[2014] ZALCD 23
Parties
Applicant: Thumbtribe Trading CC; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Hilda Grobler N O; Respondent: Diane Lorna Macleod
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
27 March 2014
Case Number
D409/2011
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award issued by the second respondent is reviewed and set aside. The third respondent was not constructively dismissed by the applicant. No costs order is made.
Judges
Cele
Legal Topics
Constructive Dismissal, Review of Arbitration Award, Onus of Proof, Intolerable Work Conditions, Unfair Dismissal, Remedies for Unfair Dismissal
Labour Law Constructive Dismissal Review of Arbitration Award Onus of Proof Intolerable Work Conditions Unfair Dismissal Remedies for Unfair Dismissal

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Parties

Thumbtribe Trading CC

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Hilda Grobler N O

Respondent

Diane Lorna Macleod

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 arbitration award issued by the second respondent was reasonable and should stand.
  3. 3 Whether the treatment of the third respondent met the legal standard of 'intolerable' for constructive dismissal.

Ratio Decidendi

The court found that the second respondent committed a gross irregularity in her assessment of the evidence, particularly by failing to apply the objective test for constructive dismissal and by accepting the third respondent's subjective perceptions without sufficient scrutiny. The evidence showed that, in the relevant period, the third respondent did not work excessive hours and was not subjected to treatment that met the legal standard of 'intolerable'. The court held that the third respondent's resignation was an excessive reaction to management style and not a response to intolerable working conditions. The contradictions between the third respondent's statements to her doctor and...

Court Disposition

The arbitration award issued by the second respondent is reviewed and set aside. The third respondent was not constructively dismissed by the applicant. No costs order is made.

Orders

  • The arbitration award issued by the second respondent in this matter is reviewed and set aside.
  • The third respondent was not constructively dismissed by the applicant.