Malope v Crest Chemicals (Pty) Ltd (JS286/15) [2017] ZALCJHB 181 (20 February 2017)

Malope v Crest Chemicals (Pty) Ltd (JS286/15) [2017] ZALCJHB 181 (20 February 2017)

The court held that the applicant's status as a retired employee does not preclude him from bringing an equal pay claim under the Employment Equity Act, provided the claim relates to the period during which he was employed and is referred within the statutory time limits or condonation is granted. The definition of 'employee' must be interpreted in a manner that promotes constitutional values, including equality and fair labour practices. The point in limine regarding jurisdiction is dismissed. The issue of prescription is a factual matter to be determined at trial. The applicant is required to properly quantify his claim and file an amended statement of claim.

Citation
[2017] ZALCJHB 181
Parties
Applicant: Malope Kesetse Matthews; Respondent: Crest Chemicals (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 February 2017
Case Number
JS286/15
Procedural Posture
Labour Trial / Points in Limine
Outcome
The respondent's jurisdictional point in limine is dismissed. The prescription point is reserved for determination at trial. The applicant is ordered to amend and file his statement of claim.
Judges
Van Niekerk
Legal Topics
Equal Pay Claim, Employment Equity Act, Jurisdiction, Prescription Act, Unfair Discrimination
Labour Law Equal Pay Claim Employment Equity Act Jurisdiction Prescription Act Unfair Discrimination

Case Brief

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Parties

Malope Kesetse Matthews

Applicant

Crest Chemicals (Pty) Ltd

Respondent

Procedural Posture

Labour Trial / Points in Limine

Legal Issues

  1. 1 Whether the applicant, having retired, qualifies as an 'employee' under the Employment Equity Act for purposes of bringing an equal pay claim.
  2. 2 Whether the Labour Court has jurisdiction to entertain the applicant's claim.
  3. 3 Whether the Prescription Act applies to the applicant's claim and if so, whether the claim is prescribed.

Ratio Decidendi

The court held that the applicant's status as a retired employee does not preclude him from bringing an equal pay claim under the Employment Equity Act, provided the claim relates to the period during which he was employed and is referred within the statutory time limits or condonation is granted. The definition of 'employee' must be interpreted in a manner that promotes constitutional values, including equality and fair labour practices. The point in limine regarding jurisdiction is dismissed. The issue of prescription is a factual matter to be determined at trial. The applicant is required to properly quantify his claim and file an amended statement of claim.

Court Disposition

The respondent's jurisdictional point in limine is dismissed. The prescription point is reserved for determination at trial. The applicant is ordered to amend and file his statement of claim.

Orders

  • The respondent's point in limine regarding jurisdiction is dismissed.
  • The respondent's point in limine regarding the Prescription Act is to be determined by the trial court.