Turbofluid v Ngobeni NO and Others (JR3040/10) [2016] ZALCJHB 224 (30 June 2016)

Turbofluid v Ngobeni NO and Others (JR3040/10) [2016] ZALCJHB 224 (30 June 2016)

The court found that the third respondent's employment had become intolerable due to the conduct of her supervisor, Rothballer, who initiated disciplinary charges and created a hostile work environment. The third respondent terminated her employment without formal notice, but the Labour Relations Act only requires termination with or without notice. The evidence established that the intolerability was caused by the employer, satisfying the requirements for constructive dismissal. The CCMA therefore had jurisdiction to arbitrate the dispute, and the arbitration award was correct. The review application was dismissed.

Citation
[2016] ZALCJHB 224
Parties
Applicant: Turbofluid; Respondent: Joseph Ngobeni N.O.; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Ardri van Staden
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 June 2016
Case Number
JR3040/10
Procedural Posture
Review Application / Judgment on Opposed Review of Arbitration Award
Outcome
Review application dismissed. Arbitration award upheld.
Judges
Rabkin-Naicker
Legal Topics
Constructive Dismissal, Ccma Jurisdiction, Unfair Dismissal, Termination of Employment
Labour Law Constructive Dismissal Ccma Jurisdiction Unfair Dismissal Termination of Employment

Case Brief

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Parties

Turbofluid

Applicant

Joseph Ngobeni N.O.

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Ardri van Staden

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the third respondent was constructively dismissed by the applicant.
  2. 2 Whether the CCMA had jurisdiction to arbitrate the dispute.
  3. 3 Whether the Commissioner correctly applied the test for constructive dismissal.

Ratio Decidendi

The court found that the third respondent's employment had become intolerable due to the conduct of her supervisor, Rothballer, who initiated disciplinary charges and created a hostile work environment. The third respondent terminated her employment without formal notice, but the Labour Relations Act only requires termination with or without notice. The evidence established that the intolerability was caused by the employer, satisfying the requirements for constructive dismissal. The CCMA therefore had jurisdiction to arbitrate the dispute, and the arbitration award was correct. The review application was dismissed.

Court Disposition

Review application dismissed. Arbitration award upheld.

Orders

  • The review application is dismissed.
  • The respondent is to comply with the arbitration award within 15 days of this order.