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Labour Law [2021] ZALCCT 34

Smith and Associates v Libertinova-Lines and Others (C405/2019)

Smith and Associates v Libertinova-Lines and Others (C405/2019) [2021] ZALCCT 34 (15 March 2021)

Court
Labour Court Cape Town
Case number
C405/2019
Judge
Rabkin-Naicker

The Court found that the Commissioner correctly applied the test for constructive dismissal. The evidence established that the applicant's conduct, including failure to pay commission, undermining the first respondent's authority, and favouring the secretary, created intolerable working conditions. The first respondent's resignation was not voluntary but a last resort due to the cumulative impact of the applicant's actions. The Court rejected the applicant's argument that the intolerable situation was solely between the first respondent and Shawe, finding that Smith's conduct was culpable and…

Source excerpt

  • Constructive Dismissal
  • Commission Disputes
  • Intolerable Working Conditions
  • Onus Of Proof
  • Costs In Labour Disputes
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Labour Law [2018] ZALCJHB 61

Manzini v South African Local Government Bargaining Council and Others (JR15/15)

Manzini v South African Local Government Bargaining Council and Others (JR15/15) [2018] ZALCJHB 61 (16 February 2018)

Court
Labour Court Johannesburg
Case number
JR15/15
Judge
E Tlhotlhalemaje

The court found that the applicant failed to discharge the onus of proving that his resignation amounted to a constructive dismissal. The Municipality had made reasonable attempts to address his grievances, including proposing a personal development plan and considering a transfer. The applicant rejected these efforts and resigned before the outcomes could be implemented. The disciplinary proceedings were not shown to be retaliatory, and the applicant's resignation letter did not indicate distress or intolerable conditions. Medical evidence was compiled months after resignation and was not kn…

Source excerpt

  • Constructive Dismissal
  • Review Of Arbitration Award
  • Burden Of Proof
  • Intolerable Working Conditions
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Labour Law [2013] ZALCJHB 248

Schindler Lifts SA (Pty) Ltd v Metal and Engineering Industries Bargaining Councils and Others (JR 1551/11)

Schindler Lifts SA (Pty) Ltd v Metal and Engineering Industries Bargaining Councils and Others (JR 1551/11) [2013] ZALCJHB 248 (2 October 2013)

Court
Labour Court Johannesburg
Case number
JR1551/11
Judge
Molahlehi

The court found that the Commissioner applied the correct legal principles and properly considered the facts. The applicant's conduct, specifically the unilateral demotion and reduction in salary without consultation, made the employee's continued employment intolerable. The employee did not immediately resign but attempted to resolve the issue, demonstrating a desire to maintain the employment relationship. The failure to lodge a formal grievance was not fatal, as the applicant was made aware of the employee's dissatisfaction and failed to address it. The totality of circumstances indicated…

Source excerpt

  • Constructive Dismissal
  • Demotion
  • Unilateral Change Of Employment Terms
  • Arbitration Review
  • Intolerable Working Conditions
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Labour Law [2010] ZALC 74

Eastern Cape Tourism Board v Commission for Conciliation, Mediation and Arbitration and Others (P380/08)

Eastern Cape Tourism Board v Commission for Conciliation, Mediation and Arbitration and Others (P380/08) [2010] ZALC 74; [2010] 11 BLLR 1161 (LC) (27 May 2010)

Court
Labour Court
Case number
P380/08
Judge
Molahlehi

The court found that the commissioner failed to consider the totality of the facts and circumstances, including the seniority of the respondent, the nature of her complaints, and the fact that the HR manager had left the applicant at the time of resignation. The respondent's issues were largely managerial and related to authority and accountability, not intolerable working conditions as required by law. The court held that there was insufficient evidence that the applicant's conduct rendered continued employment objectively intolerable. The respondent did not exhaust internal grievance proced…

Source excerpt

  • Constructive Dismissal
  • Review Of Arbitration Award
  • Intolerable Working Conditions
  • Onus Of Proof
  • Failure To Lodge Grievance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.