Capstick-Dale and Another v Sustainable Fibre Solutions (Pty) Ltd (C424/11) [2012] ZALCCT 24; (2013) 34 ILJ 129 (LC) (18 June 2012)

Capstick-Dale and Another v Sustainable Fibre Solutions (Pty) Ltd (C424/11) [2012] ZALCCT 24; (2013) 34 ILJ 129 (LC) (18 June 2012)

The applicants, through their attorney, made a clear and unequivocal election not to rely on section 197 of the Labour Relations Act in their CCMA proceedings, instead basing their claim on an alleged oral undertaking by the respondent. This election was communicated to the respondent, who acted upon it by objecting to the CCMA's jurisdiction. The applicants are now estopped from changing their legal basis and relying on section 197 in the Labour Court. Allowing them to do so would prejudice the respondent and undermine the fairness and finality of the dispute resolution process. The point in limine is upheld, and the applicants are ordered to pay the respondent's costs.

Citation
[2012] ZALCCT 24
Parties
Applicant: C K Capstick-Dale; Applicant: L Woolley; Respondent: Sustainable Fibre Solutions (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
18 June 2012
Case Number
C424/11
Procedural Posture
Civil Application / Ruling on Point in Limine
Outcome
Point in limine upheld; applicants estopped from relying on section 197 of the LRA; costs awarded to respondent.
Judges
Anton Steenkamp
Legal Topics
Jurisdiction, Election and Estoppel, Severance Pay, Section 197 Lra, Section 41 Bcea
Labour Law Civil Procedure Jurisdiction Election and Estoppel Severance Pay Section 197 Lra Section 41 Bcea

Case Brief

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Parties

C K Capstick-Dale

Applicant

L Woolley

Applicant

Sustainable Fibre Solutions (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Ruling on Point in Limine

Legal Issues

  1. 1 Whether the applicants are estopped from relying on section 197 of the Labour Relations Act after previously electing not to do so in CCMA proceedings.
  2. 2 Whether the Labour Court has jurisdiction to adjudicate the applicants' claim based on section 197 of the LRA.
  3. 3 Whether fairness dictates that the applicants can change their election regarding the legal basis of their claim.

Ratio Decidendi

The applicants, through their attorney, made a clear and unequivocal election not to rely on section 197 of the Labour Relations Act in their CCMA proceedings, instead basing their claim on an alleged oral undertaking by the respondent. This election was communicated to the respondent, who acted upon it by objecting to the CCMA's jurisdiction. The applicants are now estopped from changing their legal basis and relying on section 197 in the Labour Court. Allowing them to do so would prejudice the respondent and undermine the fairness and finality of the dispute resolution process. The point in limine is upheld, and the applicants are ordered to pay the respondent's costs.

Court Disposition

Point in limine upheld; applicants estopped from relying on section 197 of the LRA; costs awarded to respondent.

Orders

  • The applicants elected on 16 May 2011 not to place any reliance on section 197 of the LRA in their claim against the respondent for severance pay in terms of section 41 of the BCEA.
  • The applicants are estopped from placing any reliance on section 197 of the LRA in support of the claim against the respondent.