Masina v MEC of the Department of E-Government Gauteng (J2885/17) [2022] ZALCJHB 2 (3 February 2022)

Masina v MEC of the Department of E-Government Gauteng (J2885/17) [2022] ZALCJHB 2 (3 February 2022)

The applicant's claim for salary grade progression under the Resolution was premature, as she had not completed the required 15 years of continuous service at the relevant salary level. Her claim for remuneration and damages, arising from the alleged failure to upgrade her pay grade since August 2009, was subject to a three-year prescription period under the Prescription Act. The applicant was aware of the facts giving rise to her claim since August 2009, and only instituted proceedings in December 2017, well outside the prescription period. The attempted amendments to her statement of claim were not properly before the court, as she failed to apply for leave to amend after the...

Citation
[2022] ZALCJHB 2
Parties
Applicant: thembekile gama masina; Respondent: MEC OF THE DEPARTMENT OF E-GOVERNMENT GAUTENG
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 February 2022
Case Number
J2885/17
Procedural Posture
Civil Judgment / Special Pleas on Prescription and Cause of Action
Outcome
Claim dismissed as prescribed; respondent's special pleas upheld.
Judges
Searle
Legal Topics
Prescription Act, Employment Equity Act, Salary Grade Progression, Unfair Discrimination, Amendment of Pleadings
Labour Law Civil Procedure Prescription Act Employment Equity Act Salary Grade Progression Unfair Discrimination Amendment of Pleadings

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Parties

thembekile gama masina

Applicant

MEC OF THE DEPARTMENT OF E-GOVERNMENT GAUTENG

Respondent

Procedural Posture

Civil Judgment / Special Pleas on Prescription and Cause of Action

Legal Issues

  1. 1 Whether the applicant's claim for salary grade progression is sustainable under the Resolution.
  2. 2 Whether the applicant's claim for remuneration and damages has prescribed under the Prescription Act.
  3. 3 Whether the applicant's amendments to her statement of claim are properly before the court.

Ratio Decidendi

The applicant's claim for salary grade progression under the Resolution was premature, as she had not completed the required 15 years of continuous service at the relevant salary level. Her claim for remuneration and damages, arising from the alleged failure to upgrade her pay grade since August 2009, was subject to a three-year prescription period under the Prescription Act. The applicant was aware of the facts giving rise to her claim since August 2009, and only instituted proceedings in December 2017, well outside the prescription period. The attempted amendments to her statement of claim were not properly before the court, as she failed to apply for leave to amend after the...

Court Disposition

Claim dismissed as prescribed; respondent's special pleas upheld.

Orders

  • The respondent's special pleas are upheld.
  • The applicant's claim has prescribed in toto.