Mainganya v Improchem (Pty) Ltd and Another (JS512/13) [2017] ZALCJHB 276 (1 August 2017)

Mainganya v Improchem (Pty) Ltd and Another (JS512/13) [2017] ZALCJHB 276 (1 August 2017)

The applicant's amended statement of claim failed to disclose a cause of action for unfair discrimination under the Employment Equity Act, as the alleged conduct emanated from parties who were not his employer. The pleadings did not establish how the discrimination was linked to a listed ground or how it was unfair, nor did they set out the basis for the damages claimed. The claim for automatically unfair dismissal was similarly vague and lacked sufficient averments. The exceptions raised by the respondents were sustainable and upheld. However, in light of the applicant's self-representation and considerations of equity, the court granted him a final opportunity to amend his statement of...

Citation
[2017] ZALCJHB 276
Parties
Applicant: Isaac Mainganya; Respondent: Improchem (Pty) Ltd; Respondent: Henkel SA (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2017
Case Number
JS512/13
Procedural Posture
Exception Application / Exception to Amended Statement of Case; Preliminary Determination of Cause of Action
Outcome
Exceptions upheld; unfair discrimination claim dismissed; applicant granted final opportunity to amend statement of case regarding automatically unfair dismissal within 30 days; no order as to costs.
Judges
E Tlhotlhalemaje
Legal Topics
Unfair Discrimination, Automatically Unfair Dismissal, Exception Procedure, Employment Equity Act, Labour Relations Act
Labour Law Civil Procedure Unfair Discrimination Automatically Unfair Dismissal Exception Procedure Employment Equity Act Labour Relations Act

Case Brief

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Parties

Isaac Mainganya

Applicant

Improchem (Pty) Ltd

Respondent

Henkel SA (Pty) Ltd

Respondent

Procedural Posture

Exception Application / Exception to Amended Statement of Case; Preliminary Determination of Cause of Action

Legal Issues

  1. 1 Whether the applicant's amended statement of claim discloses a cause of action for unfair discrimination under the Employment Equity Act.
  2. 2 Whether the applicant's pleadings establish a claim for automatically unfair dismissal under the Labour Relations Act.
  3. 3 Whether the exceptions raised by the respondents to the applicant's pleadings are sustainable and should be upheld.

Ratio Decidendi

The applicant's amended statement of claim failed to disclose a cause of action for unfair discrimination under the Employment Equity Act, as the alleged conduct emanated from parties who were not his employer. The pleadings did not establish how the discrimination was linked to a listed ground or how it was unfair, nor did they set out the basis for the damages claimed. The claim for automatically unfair dismissal was similarly vague and lacked sufficient averments. The exceptions raised by the respondents were sustainable and upheld. However, in light of the applicant's self-representation and considerations of equity, the court granted him a final opportunity to amend his statement of...

Court Disposition

Exceptions upheld; unfair discrimination claim dismissed; applicant granted final opportunity to amend statement of case regarding automatically unfair dismissal within 30 days; no order as to costs.

Orders

  • The exceptions raised by the First and Second Respondents are upheld.
  • The Applicant has not established a cause of action in respect of his alleged unfair discrimination claim.