Conti Print CC v Commission for Conciliation Mediation and Arbitration and Others (JR 3304/09)
Conti Print CC v Commission for Conciliation Mediation and Arbitration and Others (JR 3304/09) [2013] ZALCJHB 270; (2013) 34 ILJ 3169 (LC); [2013] 9 BLLR 906 (LC) (24 May 2013)
The court held that the CCMA's jurisdiction to arbitrate constructive dismissal disputes is derived from the Labour Relations Act and is not contingent on the establishment of a dismissal. The arbitrator's findings regarding constructive dismissal are not jurisdictional but concern whether the employee has proved their claim. Accordingly, the reasonable decision maker test applies to the review of such awards. The commissioner reasonably accepted the employee's version that she had notified the employer of her health concerns and that the employer failed to address intolerable working conditi…
Source excerpt
- Constructive Dismissal
- Review Of Arbitration Award
- Reasonable Decision Maker Test
- Jurisdiction Of Ccma
- Onus In Constructive Dismissal
- Condonation