Kgaphola v University Of North (J1459/98) [1999] ZALC 115 (27 July 1999)

Kgaphola v University Of North (J1459/98) [1999] ZALC 115 (27 July 1999)

The Labour Court lacks jurisdiction over the dispute because the cause of action for constructive dismissal arose on 30 September 1996, when the applicant tendered his resignation. All facts supporting the claim existed at that date, and no further events occurred during the notice period to alter the dispute. According to the Labour Appeal Court in Edgars Stores, the relevant date for jurisdiction is when the unfair labour practice was committed, not when the employment terminated. The dispute is governed by the 1956 Labour Relations Act, not the 1995 Act. The facts are distinguishable from Schreuder and Khutala, where the dispute arose after the 1995 Act commenced due to subsequent...

Citation
[1999] ZALC 115
Parties
Applicant: M R Kgaphola; Respondent: University of the North
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 July 1999
Case Number
J1459/98
Procedural Posture
Point in Limine / Jurisdictional Ruling Prior to Hearing Preliminary Issues or Merits
Outcome
Application dismissed for lack of jurisdiction; no order as to costs.
Judges
Stelzner
Legal Topics
Constructive Dismissal, Jurisdiction, Transitional Provisions, Unfair Labour Practice
Labour Law Civil Procedure Constructive Dismissal Jurisdiction Transitional Provisions Unfair Labour Practice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

M R Kgaphola

Applicant

University of the North

Respondent

Procedural Posture

Point in Limine / Jurisdictional Ruling Prior to Hearing Preliminary Issues or Merits

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to determine a constructive dismissal dispute arising prior to 11 November 1996.
  2. 2 Whether the dispute falls under the 1995 Labour Relations Act or the 1956 Labour Relations Act.
  3. 3 Whether costs should be awarded to the respondent.

Ratio Decidendi

The Labour Court lacks jurisdiction over the dispute because the cause of action for constructive dismissal arose on 30 September 1996, when the applicant tendered his resignation. All facts supporting the claim existed at that date, and no further events occurred during the notice period to alter the dispute. According to the Labour Appeal Court in Edgars Stores, the relevant date for jurisdiction is when the unfair labour practice was committed, not when the employment terminated. The dispute is governed by the 1956 Labour Relations Act, not the 1995 Act. The facts are distinguishable from Schreuder and Khutala, where the dispute arose after the 1995 Act commenced due to subsequent...

Court Disposition

Application dismissed for lack of jurisdiction; no order as to costs.

Orders

  • The application is dismissed on the basis that the dispute arose prior to 11 November 1996 and, accordingly, this court does not have jurisdiction in respect thereof.
  • No order is made as to costs.