Lewarne v Fochem International (Pty) Ltd (1073/18) [2019] ZASCA 114; (2019) 40 ILJ 2473 (SCA); [2020] 1 BLLR 33 (SCA) (18 September 2019)

Lewarne v Fochem International (Pty) Ltd (1073/18) [2019] ZASCA 114; (2019) 40 ILJ 2473 (SCA); [2020] 1 BLLR 33 (SCA) (18 September 2019)

The Supreme Court of Appeal held that the appellant's claim was for payment due under her employment contract and not a statutory claim for unlawful deductions under section 34 of the BCEA. The reference to section 34 was merely factual background and did not alter the nature of the claim. Section 77(3) of the BCEA confers concurrent jurisdiction on the civil courts and the Labour Court for matters concerning contracts of employment. The High Court erred by relying on the minority judgment in Fedlife Assurance Ltd v Wolfaardt and by failing to apply the principle of stare decisis. The High Court therefore had jurisdiction to hear the matter, and the appellant was entitled to the relief...

Citation
[2019] ZASCA 114
Parties
Appellant: Cheryll Lewarne; Respondent: Fochem International (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 September 2019
Case Number
1073/18
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Jurisdiction
Outcome
Appeal upheld; High Court order set aside and replaced with an order granting the appellant relief.
Judges
Tshiqi, Wallis, Zondi, Mocumie, Plasket
Legal Topics
Jurisdiction of High Court, Exclusive Jurisdiction of Labour Court, Contract of Employment, Unlawful Deductions, Basic Conditions of Employment Act
Labour Law Civil Procedure Jurisdiction of High Court Exclusive Jurisdiction of Labour Court Contract of Employment Unlawful Deductions Basic Conditions of Employment Act

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cheryll Lewarne

Appellant

Fochem International (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Jurisdiction

Legal Issues

  1. 1 Whether the High Court had jurisdiction to determine a claim for payment under an employment contract.
  2. 2 Whether the Labour Court has exclusive jurisdiction over claims arising from unlawful deductions under section 34 of the BCEA.
  3. 3 Whether the appellant's claim was a contractual claim or a statutory claim under the BCEA.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant's claim was for payment due under her employment contract and not a statutory claim for unlawful deductions under section 34 of the BCEA. The reference to section 34 was merely factual background and did not alter the nature of the claim. Section 77(3) of the BCEA confers concurrent jurisdiction on the civil courts and the Labour Court for matters concerning contracts of employment. The High Court erred by relying on the minority judgment in Fedlife Assurance Ltd v Wolfaardt and by failing to apply the principle of stare decisis. The High Court therefore had jurisdiction to hear the matter, and the appellant was entitled to the relief...

Court Disposition

Appeal upheld; High Court order set aside and replaced with an order granting the appellant relief.

Orders

  • The appeal is upheld with costs.
  • The order of the court a quo is set aside and substituted with the following order: