Goussard v Impala Platinum Ltd (JS 21/08) [2012] ZALCJHB 42; (2012) 33 ILJ 2898 (LC) (7 May 2012)

Goussard v Impala Platinum Ltd (JS 21/08) [2012] ZALCJHB 42; (2012) 33 ILJ 2898 (LC) (7 May 2012)

The Labour Court does not have jurisdiction to entertain the applicant's contractual and delictual damages claims, as the right not to be unfairly dismissed is a statutory right and cannot be implied into the employment contract to found a damages claim. The applicant's remedies for unfair dismissal are confined to those provided for in the LRA and BCEA. The Court has jurisdiction to entertain the alleged unfair dismissal for operational reasons, as this falls within its statutory powers, but not for incompatibility, which is arbitrable unless the parties consent to the Court sitting as arbitrator. Claims for constitutional damages under section 23 of the Constitution are unsustainable...

Citation
[2012] ZALCJHB 42
Parties
Applicant: Peter Goussard; Respondent: Impala Platinum Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 May 2012
Case Number
JS 21/08
Procedural Posture
Interlocutory Application / Jurisdictional Points in Limine Before Trial
Outcome
Jurisdiction upheld only for the claim of unfair dismissal for operational reasons; all other claims dismissed for lack of jurisdiction.
Judges
Molahlehi
Legal Topics
Jurisdiction of Labour Court, Unfair Dismissal, Implied Terms in Employment Contract, Constitutional Damages, Operational Requirements, Incompatibility
Labour Law Civil Procedure Jurisdiction of Labour Court Unfair Dismissal Implied Terms in Employment Contract Constitutional Damages Operational Requirements Incompatibility

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Parties

Peter Goussard

Applicant

Impala Platinum Limited

Respondent

Procedural Posture

Interlocutory Application / Jurisdictional Points in Limine Before Trial

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to entertain contractual and delictual damages claims arising from alleged breach of employment contract?
  2. 2 Is the applicant entitled to damages based on section 23 of the Constitution for alleged unfair dismissal?
  3. 3 Does the Labour Court have jurisdiction over claims of unfair dismissal for operational reasons and incompatibility?

Ratio Decidendi

The Labour Court does not have jurisdiction to entertain the applicant's contractual and delictual damages claims, as the right not to be unfairly dismissed is a statutory right and cannot be implied into the employment contract to found a damages claim. The applicant's remedies for unfair dismissal are confined to those provided for in the LRA and BCEA. The Court has jurisdiction to entertain the alleged unfair dismissal for operational reasons, as this falls within its statutory powers, but not for incompatibility, which is arbitrable unless the parties consent to the Court sitting as arbitrator. Claims for constitutional damages under section 23 of the Constitution are unsustainable...

Court Disposition

Jurisdiction upheld only for the claim of unfair dismissal for operational reasons; all other claims dismissed for lack of jurisdiction.

Orders

  • The court has no jurisdiction to entertain the contractual and delictual claim of the applicant under claim 'A' and accordingly the claim in this respect is dismissed.
  • The Court has jurisdiction to entertain the alleged unfair dismissal for operational reasons under claim 'C', and accordingly the parties are directed to hold a pre-trial conference within 14 days of date of this order.