Fraser v City of Cape Town (C638/2005) [2007] ZALC 204 (14 December 2007)

Fraser v City of Cape Town (C638/2005) [2007] ZALC 204 (14 December 2007)

The Labour Court held that, although it has jurisdiction to entertain contractual claims under section 77(3) of the Basic Conditions of Employment Act, the applicant is precluded from continuing with proceedings in this court because he had previously referred a dispute arising from the same facts to the Bargaining Council. The court found that the principle articulated in Chirwa v Transnet Limited and Others, as endorsed by the Constitutional Court, binds parties to their initial election of forum. Once the applicant initiated proceedings in the Bargaining Council, he could not subsequently pursue a contractual claim in the Labour Court based on the same facts, regardless of the outcome...

Citation
[2007] ZALC 204
Parties
Applicant: Keith Fraser; Respondent: City of Cape Town
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 December 2007
Case Number
C638/2005
Procedural Posture
Contractual Claim / Final Judgment
Outcome
The referral is dismissed. No order as to costs is made.
Judges
Niewoudt AJ
Legal Topics
Breach of Employment Contract, Res Judicata, Jurisdiction of Labour Court
Labour Law Breach of Employment Contract Res Judicata Jurisdiction of Labour Court

Case Brief

Summary, issues, holding and outcome

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Parties

Keith Fraser

Applicant

City of Cape Town

Respondent

Procedural Posture

Contractual Claim / Final Judgment

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to entertain a contractual claim for damages arising from an alleged breach of the employment agreement.
  2. 2 Whether the applicant's claim is barred by the doctrine of res judicata due to prior proceedings before the CCMA.
  3. 3 Whether the applicant is entitled to claim damages in this forum after electing to pursue relief in another forum.

Ratio Decidendi

The Labour Court held that, although it has jurisdiction to entertain contractual claims under section 77(3) of the Basic Conditions of Employment Act, the applicant is precluded from continuing with proceedings in this court because he had previously referred a dispute arising from the same facts to the Bargaining Council. The court found that the principle articulated in Chirwa v Transnet Limited and Others, as endorsed by the Constitutional Court, binds parties to their initial election of forum. Once the applicant initiated proceedings in the Bargaining Council, he could not subsequently pursue a contractual claim in the Labour Court based on the same facts, regardless of the outcome...

Court Disposition

The referral is dismissed. No order as to costs is made.

Orders

  • The referral is dismissed.
  • No order as to costs is made.