Case name:
Jordaan v CCMA and Others (2010) 12 BLLR 1235 (LAC)
Area of law:
Labour Law: Termination or dismissal of an employee.
Brief facts/summary:
The appellant commenced employment with the 6th respondent (the company) as an estate agent. She worked under the supervision of Lance Gouws. She thereafter commenced work for her Husband who was the manager of an alternative branch of Mr Gouws. Relationships between Mr Gouws and Mr Jordaan deteriorated and Mr Gouws removed Mr Jordaan from his position of Manager. During the course of the latter Mrs Jordaan was still an employee of Mr Gouws.
Mr Gouws introduced a contract of Restraint of Trade for all his employees to sign. Mrs Jordaan refused and resigned with immediate effect and joined her Husband’s company whom at this stage was a competitor of Mr Gouws.
The appellant alleged that she was constructively dismissed. On appeal the Judge held that constructive dismissal refers to the position where the employee terminates the employment relationship in circumstances where the conduct of the employer compels the termination by the employee.
FIRST : The employee bears the onus of showing that the employer effectively dismissed him/her by making his employment intolerable resulting in the termination of the relationship.
SECOND : It should be determined if the dismissal was unfair.
Davis JA found in favour of the company. He held that there was no justifiable conclusion that the appellant’s employment had become intolerable or that there was a clear, objective and immediate threat of dismissal, justifying the act as constructive dismissal.
The appeal was dismissed with costs.
Importance/value:
Interpretation of Constructive Dismissal.
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