Makgeledise v DSV Solutions (Pty) Ltd (JS227/2023) [2024] ZALCJHB 20 (29 January 2024)

Makgeledise v DSV Solutions (Pty) Ltd (JS227/2023) [2024] ZALCJHB 20 (29 January 2024)

The applicant's statement of case failed to disclose a valid cause of action under the Employment Equity Act, as no listed or arbitrary ground of discrimination was pleaded. The applicant did not refer an unfair discrimination dispute to the CCMA for conciliation, which is a jurisdictional prerequisite under sections 10(2), (5), and (6) of the Employment Equity Act. The only dispute referred and conciliated was an unfair dismissal dispute under the Labour Relations Act, which does not include an unfair discrimination dispute under the Employment Equity Act. Section 10(1) of the Employment Equity Act specifically excludes unfair dismissal disputes from its ambit. Absent a proper referral...

Citation
[2024] ZALCJHB 20
Parties
Applicant: Tumelo Clement Makgeledise; Respondent: DSV Solutions (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 January 2024
Case Number
JS227/2023
Procedural Posture
Exception Application / Interlocutory Hearing on Exception to Statement of Case
Outcome
The applicant's case under the Employment Equity Act is struck off the roll for lack of jurisdiction.
Judges
Prinsloo
Legal Topics
Employment Equity Act, Unfair Discrimination, Jurisdiction, Pleading Requirements
Labour Law Employment Equity Act Unfair Discrimination Jurisdiction Pleading Requirements

Case Brief

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Parties

Tumelo Clement Makgeledise

Applicant

DSV Solutions (Pty) Ltd

Respondent

Procedural Posture

Exception Application / Interlocutory Hearing on Exception to Statement of Case

Legal Issues

  1. 1 Whether the applicant's statement of case discloses a cause of action under the Employment Equity Act.
  2. 2 Whether the applicant pleaded a valid ground of discrimination as required by section 6 of the Employment Equity Act.
  3. 3 Whether the Labour Court has jurisdiction to adjudicate the applicant's claim under the Employment Equity Act without prior conciliation.

Ratio Decidendi

The applicant's statement of case failed to disclose a valid cause of action under the Employment Equity Act, as no listed or arbitrary ground of discrimination was pleaded. The applicant did not refer an unfair discrimination dispute to the CCMA for conciliation, which is a jurisdictional prerequisite under sections 10(2), (5), and (6) of the Employment Equity Act. The only dispute referred and conciliated was an unfair dismissal dispute under the Labour Relations Act, which does not include an unfair discrimination dispute under the Employment Equity Act. Section 10(1) of the Employment Equity Act specifically excludes unfair dismissal disputes from its ambit. Absent a proper referral...

Court Disposition

The applicant's case under the Employment Equity Act is struck off the roll for lack of jurisdiction.

Orders

  • The applicant's case pursued in terms of the provisions of the Employment Equity Act is struck off the roll for lack of jurisdiction.
  • There is no order as to costs.