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The respondent proved constructive termination as the applicant's actions made employment intolerable, and the respondent utilized available grievance mechanisms. However, the CMA erred by awarding compensation above the statutory minimum without providing reasons or criteria, warranting reduction to twelve months remuneration.
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Applicants failed to prove constructive termination as the working environment was not intolerable and they did not exhaust internal grievance mechanisms. They were not permanent employees, lacking evidence of a permanent contract or statutory deductions. However, they are entitled to two months' unpaid allowances and Certificates of Service as recognized by the respondent.
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The balance of convenience favours the applicant, as non-granting of the stay would prejudice the applicant more than the respondent, especially since the respondent is unemployed and may not be able to refund the award if the revision succeeds.
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Constructive termination was not established because the respondent did not resign or indicate intention to end the employment relationship before filing the dispute at the CMA. The dispute was prematurely filed, and the CMA lacked jurisdiction to determine unfair termination in the absence of resignation or termination. The CMA award was therefore quashed and set aside.
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The High Court set aside a CMA award for constructive termination, finding the respondent did not prove intolerable working conditions or exhaust internal grievances.
Applicant objectively proved intolerable conditions due to unpaid benefits and excessive night shifts, constituting constructive and unfair termination. Respondent failed to counter evidence. Applicant entitled to remedies for unfair termination.
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Condonation was improperly granted as the respondent failed to provide reasons for the delay or degree of lateness in the prescribed form, violating mandatory procedural rules. Consequently, the CMA lacked jurisdiction, rendering all subsequent proceedings and the award a nullity.
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The Respondent was constructively terminated due to the Applicant's unilateral 25% salary reduction without consent and failure to pay the 20% acting allowance, both of which constituted fundamental breaches of the employment contract. The Respondent did not accept the altered terms, and the intolerable conditions left resignation as the only reasonable option. The acting allowance is a separate entitlement and not to be offset by other allowances.
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The delay in filing the application was technical, not actual, as previous applications were struck out on technicalities and not determined on merits. Withdrawal of the previous application was to allow for settlement negotiations, and in labour matters, withdrawal without leave to refile does not operate as res judicata. The Applicants are entitled to extension of time to file their intended application.
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The applicant failed to prove that the working conditions were intolerable or that the respondent breached the employment contract. The evidence did not support claims of discrimination or constructive termination. The resignation was not the last resort, and the employer had addressed the grievances administratively.
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