South Africa Case Law

Browns the Diamond Store (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1091/22)

Browns the Diamond Store (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1091/22) [2023] ZALCJHB 189; [2023] 10 BLLR 1033 (LC); (2023) 44 ILJ 2528 (LC) (19 June 2023)

Court

Labour Court Johannesburg

Case number

JR1091/22

Judge

Nkutha-Nkontwana

Labour Court review of a CCMA constructive dismissal award succeeded. The court found the employee resigned because of looming discipline, not intolerable working conditions.

• Constructive Dismissal
• Ccma Jurisdiction
• Review Test Correctness
• Intolerability Threshold
• Section 186 1 E Lra
• Constructive-dismissal

Gold One Limited v Madalani and Others (JR 1109/15)

Gold One Limited v Madalani and Others (JR 1109/15) [2020] ZALCJHB 180; (2020) 41 ILJ 2832 (LC); [2021] 2 BLLR 198 (LC) (9 September 2020)

Court

Labour Court Johannesburg

Case number

JR 1109/15

Judge

Nkutha-Nkontwana

The court found that Ms Madalani failed to establish that her resignation was due to intolerable conduct by Gold One Limited. The timekeeping and clocking requirements were operationally justified and did not violate her employment contract. The induction and counselling sessions were reasonable and intended to address workplace issues, not to force her resignation. Ms Madalani had alternative remedies to resolve her grievances but chose not to pursue them. The threshold for intolerability was not met, and the evidence did not support a finding of constructive dismissal. Consequently, the CCM…

Source excerpt

• Constructive Dismissal
• Jurisdiction Of Ccma
• Intolerability Threshold
• Review Of Arbitration Award
• Section 186 1 E Lra

Manson v Oracle Corporation (South Africa) (Pty) Ltd (J1556/17)

Manson v Oracle Corporation (South Africa) (Pty) Ltd (J1556/17) [2017] ZALCJHB 267 (18 July 2017)

Court

Labour Court Johannesburg

Case number

J1556/17

Judge

H Cele

The Labour Court struck Robert Manson’s urgent application off the roll, finding no valid basis to invalidate his resignation or show urgency.

• Resignation
• Constructive Dismissal
• Urgency
• Section 77 3 Bcea
• Section 186 1 E Lra
• Constructive-dismissal