Wallis v Thorpe and Another (JS 32/07) [2009] ZALC 111; (2010) 31 ILJ 1254 (LC) (10 November 2009)

Wallis v Thorpe and Another (JS 32/07) [2009] ZALC 111; (2010) 31 ILJ 1254 (LC) (10 November 2009)

The applicant failed to adduce sufficient evidence to establish that he was dismissed by the respondents, either by an overt act of the employer or by constructive dismissal. His correspondence did not amount to a resignation nor did it demonstrate intolerable circumstances created by the employer that would justify constructive dismissal. The applicant's attempt to interpret the respondents' failure to meet his demands as a summary dismissal is legally unfounded. Consequently, the applicant could not succeed in his claim for automatically unfair dismissal or any related compensation. Absolution from the instance is warranted, and costs are awarded against the applicant on the ordinary...

Citation
[2009] ZALC 111
Parties
Applicant: John Cornelis Wallis; Respondent: Rodney Thorpe; Respondent: Roger Zeeman
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 November 2009
Case Number
JS 32/07
Procedural Posture
Labour Court Trial / Application for Absolution From the Instance After Applicant's Evidence
Outcome
Absolution from the instance granted with costs awarded against the applicant.
Judges
Van Niekerk
Legal Topics
Constructive Dismissal, Automatically Unfair Dismissal, Absolution From the Instance, Costs Award, Employment Contract Termination
Labour Law Constructive Dismissal Automatically Unfair Dismissal Absolution From the Instance Costs Award Employment Contract Termination

Case Brief

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Parties

John Cornelis Wallis

Applicant

Rodney Thorpe

Respondent

Roger Zeeman

Respondent

Procedural Posture

Labour Court Trial / Application for Absolution From the Instance After Applicant's Evidence

Legal Issues

  1. 1 Whether the applicant was dismissed by the respondents within the meaning of section 186(1) of the Labour Relations Act.
  2. 2 Whether the applicant's termination constituted a constructive dismissal.
  3. 3 Whether the applicant adduced sufficient evidence to establish a dismissal.

Ratio Decidendi

The applicant failed to adduce sufficient evidence to establish that he was dismissed by the respondents, either by an overt act of the employer or by constructive dismissal. His correspondence did not amount to a resignation nor did it demonstrate intolerable circumstances created by the employer that would justify constructive dismissal. The applicant's attempt to interpret the respondents' failure to meet his demands as a summary dismissal is legally unfounded. Consequently, the applicant could not succeed in his claim for automatically unfair dismissal or any related compensation. Absolution from the instance is warranted, and costs are awarded against the applicant on the ordinary...

Court Disposition

Absolution from the instance granted with costs awarded against the applicant.

Orders

  • Absolution from the instance is granted.
  • The applicant is ordered to pay the respondents' costs, including the costs of the proceedings on 21 May 2008, when costs were reserved.