Manyathela and Others v Commission for Conciliation Mediation and Arbitration and Others (J 168/13) [2013] ZALCJHB 112 (22 May 2013)

Manyathela and Others v Commission for Conciliation Mediation and Arbitration and Others (J 168/13) [2013] ZALCJHB 112 (22 May 2013)

The court held that the applicants' statement of claim was deficient as it failed to set out the facts and legal basis for their entitlement to the wage information sought. The application did not disclose a constitutional or statutory right as the foundation for the claim, nor did it specify the nature of the information with sufficient clarity. The applicants had been given an opportunity to amend their statement of claim but failed to do so. The exception raised by the third respondent was therefore upheld, and the applicants were granted leave to amend their statement of claim by a specified date if they wished to pursue the matter further. No order as to costs was made, but the court...

Citation
[2013] ZALCJHB 112
Parties
Applicant: Patrick Manyathela and Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: John Shardlow (N.O.); Respondent: Gayatri Pare Mills
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 May 2013
Case Number
J 168/13
Procedural Posture
Urgent Application / Exception to Application to Compel Disclosure of Wage Information
Outcome
Exception upheld; applicants granted leave to amend statement of claim; no order as to costs.
Judges
R Lagrange
Legal Topics
Disclosure of Wage Information, Exception Procedure, Statement of Claim Requirements
Labour Law Civil Procedure Disclosure of Wage Information Exception Procedure Statement of Claim Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Manyathela and Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

John Shardlow (N.O.)

Respondent

Gayatri Pare Mills

Respondent

Procedural Posture

Urgent Application / Exception to Application to Compel Disclosure of Wage Information

Legal Issues

  1. 1 Whether the applicants' statement of claim sets out sufficient facts and legal basis for entitlement to wage information.
  2. 2 Whether the application to compel disclosure can succeed absent a pleaded legal right.
  3. 3 Whether the applicants should be granted leave to amend their statement of claim.

Ratio Decidendi

The court held that the applicants' statement of claim was deficient as it failed to set out the facts and legal basis for their entitlement to the wage information sought. The application did not disclose a constitutional or statutory right as the foundation for the claim, nor did it specify the nature of the information with sufficient clarity. The applicants had been given an opportunity to amend their statement of claim but failed to do so. The exception raised by the third respondent was therefore upheld, and the applicants were granted leave to amend their statement of claim by a specified date if they wished to pursue the matter further. No order as to costs was made, but the court...

Court Disposition

Exception upheld; applicants granted leave to amend statement of claim; no order as to costs.

Orders

  • The third respondent’s exception is upheld to the extent that the applicants’ statement of claim does not comply with the requirements of sub rules 6(b)(i),(ii),(iii) and subrule 6(e).
  • Should the applicants wish to pursue the application, they must file a notice of their intention to amend their statement of case by 31 May 2013.