Masango v Liberty Group Ltd (JS576/2010) [2011] ZALCJHB 76; [2012] 3 BLLR 303 (LC); (2012) 33 ILJ 414 (LC) (31 August 2011)

Masango v Liberty Group Ltd (JS576/2010) [2011] ZALCJHB 76; [2012] 3 BLLR 303 (LC); (2012) 33 ILJ 414 (LC) (31 August 2011)

The court held that section 191 of the Labour Relations Act does not apply to unfair discrimination disputes brought under the Employment Equity Act. There is no statutory time limit for referring such disputes to the Labour Court for adjudication, provided the referral is made within a reasonable period. The respondent's first point in limine, based on alleged lateness and lack of condonation, was dismissed. The court found that the applicant should have anticipated material disputes of fact when proceeding by way of motion, but declined to dismiss the application on that basis. Instead, the matter was referred for trial, and the parties were ordered to convene a pre-trial conference....

Citation
[2011] ZALCJHB 76
Parties
Applicant: Margaret Masango; Respondent: Liberty Group Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 August 2011
Case Number
JS576/2010
Procedural Posture
Labour Court Application / Points in Limine and Referral for Trial
Outcome
First point in limine dismissed; second point in limine partly upheld; matter referred for trial; each party to pay its own costs.
Judges
Francis
Legal Topics
Employment Equity Act, Sexual Harassment, Unfair Discrimination, Condonation, Motion Vs Action Proceedings
Labour Law Employment Equity Act Sexual Harassment Unfair Discrimination Condonation Motion Vs Action Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Margaret Masango

Applicant

Liberty Group Limited

Respondent

Procedural Posture

Labour Court Application / Points in Limine and Referral for Trial

Legal Issues

  1. 1 Whether the applicant's referral to the Labour Court was time-barred under section 191(11) of the Labour Relations Act.
  2. 2 Whether section 191 of the Labour Relations Act applies to unfair discrimination disputes under the Employment Equity Act.
  3. 3 Whether the matter should have been brought by way of action proceedings due to material disputes of fact.

Ratio Decidendi

The court held that section 191 of the Labour Relations Act does not apply to unfair discrimination disputes brought under the Employment Equity Act. There is no statutory time limit for referring such disputes to the Labour Court for adjudication, provided the referral is made within a reasonable period. The respondent's first point in limine, based on alleged lateness and lack of condonation, was dismissed. The court found that the applicant should have anticipated material disputes of fact when proceeding by way of motion, but declined to dismiss the application on that basis. Instead, the matter was referred for trial, and the parties were ordered to convene a pre-trial conference....

Court Disposition

First point in limine dismissed; second point in limine partly upheld; matter referred for trial; each party to pay its own costs.

Orders

  • The first point in limine is dismissed.
  • The second point in limine is partly upheld.