Category: Dismissal: constructive

Proving constructive dismissal: Measure of last resort

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Getting your way: Constructive dismissal not proved

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Continued employment tolerable: Dismissal not constructive

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

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...

Read More

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...

Read More

Constructive dismissal test: Resignation only reasonable option

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

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...

Read More

Conditional resignation: Position subject to funding

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

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...

Read More

Review jurisdiction: Factual proof of dismissal

Mnguti v CCMA (QK Meats SA (Pty) Ltd t/a Dawn Farm) (JR 349/12) [2015] ZALCJHB 277 (28 August 2015) per Snyman AJ. On review the Labour Court upheld the award after applying the ‘correct test’.  The employee failed to prove that...

Read More

Constructive dismissal onus: Not discharged by employee

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

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...

Read More
Loading