Lupini and Another v Lamonvile Golden Arrows Football Club and Arbitration (D993/09) [2011] ZALCD 14 (11 May 2011)

Lupini and Another v Lamonvile Golden Arrows Football Club and Arbitration (D993/09) [2011] ZALCD 14 (11 May 2011)

The court found that the existence of an arbitration clause in the employment contract does not oust the Labour Court's jurisdiction over the dispute. The court retains its ordinary jurisdiction and has discretion to stay proceedings pending arbitration or to hear the matter itself. In this case, the parties agreed to approach the court for a declarator on jurisdiction, and the respondent did not actively pursue a stay of proceedings. The relief sought in prayers 1 and 2 regarding the validity of clause 19 and its constitutionality was postponed sine die, as the applicants had not joined the NSL and SAFA, which would be necessary for those issues to be determined. The court granted the...

Citation
[2011] ZALCD 14
Parties
Applicant: Miphy Lupini; Applicant: South African Football Players Union; Respondent: Lamontville Golden Arrows Football Club and Arbitration
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
11 May 2011
Case Number
D993/09
Procedural Posture
Declaratory Application / Application for Declaratory Relief Regarding Jurisdiction and Validity of Dispute Resolution Clause
Outcome
The Labour Court has jurisdiction to adjudicate the first applicant's claim for damages arising from the termination of his employment contract. Relief sought in prayers 1 and 2 is postponed sine die. No order as to costs.
Judges
Gush
Legal Topics
Jurisdiction of Labour Court, Arbitration Clause, Access to Courts, Contra Bonis Mores, Unlawful Termination
Labour Law Civil Procedure Jurisdiction of Labour Court Arbitration Clause Access to Courts Contra Bonis Mores Unlawful Termination

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 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Miphy Lupini

Applicant

South African Football Players Union

Applicant

Lamontville Golden Arrows Football Club and Arbitration

Respondent

Procedural Posture

Declaratory Application / Application for Declaratory Relief Regarding Jurisdiction and Validity of Dispute Resolution Clause

Legal Issues

  1. 1 Whether clause 19 of the employment contract is contra bonis mores and/or contrary to public policy and thus void or unenforceable.
  2. 2 Whether clause 19 infringes the applicant's constitutional right of access to courts under section 34.
  3. 3 Whether the Labour Court has jurisdiction to adjudicate the applicant's claim for damages arising from termination of employment.

Ratio Decidendi

The court found that the existence of an arbitration clause in the employment contract does not oust the Labour Court's jurisdiction over the dispute. The court retains its ordinary jurisdiction and has discretion to stay proceedings pending arbitration or to hear the matter itself. In this case, the parties agreed to approach the court for a declarator on jurisdiction, and the respondent did not actively pursue a stay of proceedings. The relief sought in prayers 1 and 2 regarding the validity of clause 19 and its constitutionality was postponed sine die, as the applicants had not joined the NSL and SAFA, which would be necessary for those issues to be determined. The court granted the...

Court Disposition

The Labour Court has jurisdiction to adjudicate the first applicant's claim for damages arising from the termination of his employment contract. Relief sought in prayers 1 and 2 is postponed sine die. No order as to costs.

Orders

  • The applicants’ application for the relief set out in prayers 1 and 2 of the notice of motion is postponed sine die.
  • The relief sought in prayer 3 of the applicants’ notice is granted.