Trupik Restaurant CC v Commission for Conciliation, Meditation and Arbitration and Others (PR79/15) [2016] ZALCPE 20 (4 November 2016)

Trupik Restaurant CC v Commission for Conciliation, Meditation and Arbitration and Others (PR79/15) [2016] ZALCPE 20 (4 November 2016)

The court found that the termination of van Noort's managerial contract during her probation period constituted a dismissal under the Labour Relations Act. The managerial contract was a distinct and self-standing agreement, and its termination ended the employment relationship in that capacity. There was no evidence of a consensual agreement for van Noort to revert to her previous position as a cashier, and any such reversion would have required a new contract. The employer's unilateral decision to terminate the managerial contract, without following the procedures applicable to probationary employees, amounted to a dismissal. The arbitrator was correct in finding that a dismissal had...

Citation
[2016] ZALCPE 20
Parties
Applicant: Trupik Restaurant CC; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Frederick Sauls N.O; Respondent: Nicola van Noort
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
4 November 2016
Case Number
PR79/15
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Review application dismissed with costs.
Judges
Lagrange
Legal Topics
Dismissal, Demotion, Probationary Employment, Jurisdiction of Ccma
Labour Law Dismissal Demotion Probationary Employment Jurisdiction of Ccma

Case Brief

Summary, issues, holding and outcome

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Parties

Trupik Restaurant CC

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Frederick Sauls N.O

Respondent

Nicola van Noort

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the termination of the employee's managerial contract during probation constituted a dismissal.
  2. 2 Whether the employee was demoted or dismissed under the Labour Relations Act.
  3. 3 Whether the arbitrator had jurisdiction to determine the existence of a dismissal.

Ratio Decidendi

The court found that the termination of van Noort's managerial contract during her probation period constituted a dismissal under the Labour Relations Act. The managerial contract was a distinct and self-standing agreement, and its termination ended the employment relationship in that capacity. There was no evidence of a consensual agreement for van Noort to revert to her previous position as a cashier, and any such reversion would have required a new contract. The employer's unilateral decision to terminate the managerial contract, without following the procedures applicable to probationary employees, amounted to a dismissal. The arbitrator was correct in finding that a dismissal had...

Court Disposition

Review application dismissed with costs.

Orders

  • The citation of the applicant in all pleadings is amended to 'Trupik Restaurant CC'.
  • All references to Trudie Viljoen are amended to 'Trumie Viljoen'.