West Coast College and Another v Brink and Others (C388/16) [2017] ZALCCT 59 (28 November 2017)

West Coast College and Another v Brink and Others (C388/16) [2017] ZALCCT 59 (28 November 2017)

The court found that the arbitrator properly evaluated the evidence and applied the correct legal test for constructive dismissal. The college failed to challenge the serious allegations made by Ms Brink and did not address her grievances, making continued employment intolerable. The arbitrator's conclusion that the dismissal was unfair was reasonable, and the compensation awarded was justified given the financial impact on Ms Brink. The review application was dismissed as the award was not reviewable.

Citation
[2017] ZALCCT 59
Parties
Applicant: West Coast College; Applicant: Director General of the Department of Higher Education and Training (DHET); Respondent: Linda Brink; Respondent: GPSSBC; Respondent: C M Bennett
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
28 November 2017
Case Number
C388/16
Procedural Posture
Review Application / Judgment After Hearing on Review of Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
Steenkamp
Legal Topics
Constructive Dismissal, Unfair Dismissal, Review of Arbitration Award, Compensation, Costs Order
Labour Law Civil Procedure Constructive Dismissal Unfair Dismissal Review of Arbitration Award Compensation Costs Order

Case Brief

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Parties

West Coast College

Applicant

Director General of the Department of Higher Education and Training (DHET)

Applicant

Linda Brink

Respondent

GPSSBC

Respondent

C M Bennett

Respondent

Procedural Posture

Review Application / Judgment After Hearing on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's finding of constructive dismissal was reasonable.
  2. 2 Whether the dismissal of Ms Brink was unfair.
  3. 3 Whether the compensation awarded was appropriate.

Ratio Decidendi

The court found that the arbitrator properly evaluated the evidence and applied the correct legal test for constructive dismissal. The college failed to challenge the serious allegations made by Ms Brink and did not address her grievances, making continued employment intolerable. The arbitrator's conclusion that the dismissal was unfair was reasonable, and the compensation awarded was justified given the financial impact on Ms Brink. The review application was dismissed as the award was not reviewable.

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed.
  • The applicants are ordered to pay the costs.