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Billion Group (Pty) Ltd v Ntshangase and Others (JR1449/2017) [2018] ZALCJHB 211; (2018) 39 ILJ 2516 (LC) (20 June 2018)
Review of a constructive dismissal award failed because the employee’s resignation was not objectively compelled by intolerable conduct.
Conti Print CC v CCMA and Others (JA53/2014) [2015] ZALAC 25; [2015] 9 BLLR 865 (LAC); (2015) 36 ILJ 2245 (LAC) (24 June 2015)
The Labour Appeal Court found that the arbitrator and Labour Court failed to properly evaluate the evidence and credibility of witnesses. The employer responded reasonably to the employee's complaints by offering to move her and promising to close the partition gap. The employee's refusal to move and abrupt resignation were grossly unreasonable, and she failed to exhaust internal remedies. The arbitrator ignored material evidence, particularly the supervisor's testimony, and made irrational findings. The proven facts did not establish that the employer made continued employment intolerable. T…
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