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dc.date.accessioned 2017-04-08T17:12:20Z
dc.date.available 2017-04-08T17:12:20Z
dc.date.created 2009-06-17 en
dc.identifier.citation [2009] ZACC 17
dc.identifier.citation (2009) 30 ILJ 1526 (CC)
dc.identifier.citation 2010 (2) SA 92 (CC)
dc.identifier.citation 2009 (10) BCLR 1046 (CC)
dc.identifier.citation [2009] 9 BLLR 847 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3589
dc.title Strategic Liquor Services v Mvumbi NO and Others en
dc.title.alternative CCT33/09 en
dc.identifier.casenumber CCT33/09 en
dc.contributor.judge The Court
dc.date.judgment 18 June 2009
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3589/Full%20judgment%20Official%20version%20%2837.3%20Kb%29-13637.pdf?sequence=5&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against a judgment of the Labour Court which dismissed an application to review a Commission for Conciliation, Mediation and Arbitration award in favour of an employee. The employer contended that the CCMA and the Labour Courts misconceived the jurisdictional prerequisites for constructive dismissal, since on the employee's own version he had a choice whether to resign or be subjected to poor performance procedures. The Court held that it should not intervene, since the employer's submission misconstrued the test for constructive dismissal: this does not require that the employee have no choice but to resign, but only that the employer should have made continued employment intolerable. The Court however drew attention to the long delays that had beset the case in the labour courts and to the fact that neither the Labour Court nor the Labour Appeal Court had given the employer reasons for the adverse decision. It pointed out that a reasoned judgment is essential to the appeal process. Failure to provide one when requested cuts across the employer's right of access to courts. The application for leave to appeal was dismissed
dc.concourt.casehistory Application for leave to appeal against a judgment of the Labour Court dated 20 February 2007, which dismissed with costs an application to review a CCMA award.


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