Category: Dismissal: Constructive

Getting your way: Constructive dismissal not proved

Solidarity obo Van Tonder v Armaments Corporation of SA (Soc) LtdGetting your way does not entitle an employee to resign and claim constructive dismissal without allowing the grievance procedure to be completed.”In our...

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Continued employment tolerable: Dismissal not constructive

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Resignation not compelled: Constructive dismissal not proved

Billion Group (Pty) Ltd v NtshangaseResignation not compelled by any conduct on the part of senior management and every reasonable attempt was made to resolve performance issues.”At the very worst, his position was no more...

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DCJ’s lone harsh dissenting judgment

Essence In his lone harsh dissenting judgment the DCJ suggests that new law has been made if the basis of the majority judgment’s conclusion is that the Labour Court had jurisdiction because  the constructive dismissal dispute...

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Constructive dismissal test: Resignation only reasonable option

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Tolerating adultery disproves constructive dismissal

On review the LC declined to set aside an award in which it was held that jurisdiction was lacking because there was no ‘dismissal’.  A big-game professional hunter’s wife had an affair with his business...

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Conditional resignation: Position subject to funding

LH v CCMA (UCT) (C789/14) [2015] ZALCCT 71 (9 December 2015) per Rabkin-Naicker J. The Labour Court reviewed and upheld an award because the employee failed to prove a ‘dismissal’.  After seven years of ‘permanent’ employment...

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Constructive dismissal: Intolerable betrayal of trust

Mapengo v CCMA (BLA-Legal Education Trust Centre) (JR362/2014) [2015] ZALCJHB 335 (30 September 2015) per Rabkin-Naicker J. The Labour Court reviewed and set aside as incorrect a jurisdictional ruling and remitted the matter to...

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Constructive dismissal: Onus not discharged

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Constructive dismissal: enforcing unpaid leave

National Health Laboratory Service v Yona (PA 12/13) [2015] ZALAC 33; [2015] 10 BLLR 1002; (2015) 36 ILJ 2259 (LAC) (12 May 2015)  per Ndlovu JA (Waglay JP and Landman JA concurring) The Labour Appeal Court disallowed the...

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Constructive dismissal date: during notice period

Helderberg International Importers (Pty) Ltd v McGahey NO (C02/2014) [2015] ZALCCT 2; [2015] 4 BLLR 430 (LC) (23 January 2015) per Rabkin-Naicker J. LC summary:   Application to review an arbitration award: whether...

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Poor performers: Dismiss for operational reason

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