Mavundlela v Matlosana City Council (JS297/14) [2017] ZALCJHB 224 (7 June 2017)

Mavundlela v Matlosana City Council (JS297/14) [2017] ZALCJHB 224 (7 June 2017)

The court found that the applicant's pleadings did not contain the necessary material averments to establish that the advertisement and subsequent application for the post amounted to an employment contract, or that a contract was concluded prior to the appointment letter. The submission that the cause of action is founded on section 77(3) of the BCEA was considered an afterthought, as the statement of claim did not plead that the advertisement was an offer accepted by the applicant. Consequently, the court held that it lacked jurisdiction to hear the claim, as the requirements for jurisdiction under section 77(3) were not met.

Citation
[2017] ZALCJHB 224
Parties
Applicant: Hendrick Mavundlela; Respondent: Matlosana City Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 June 2017
Case Number
JS297/14
Procedural Posture
Civil Trial / Trial
Outcome
Referral dismissed for want of jurisdiction.
Judges
Rabkin-Naicker
Legal Topics
Contract of Employment, Jurisdiction of Labour Court, Estoppel, Pleading Requirements
Labour Law Civil Procedure Contract of Employment Jurisdiction of Labour Court Estoppel Pleading Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Hendrick Mavundlela

Applicant

Matlosana City Council

Respondent

Procedural Posture

Civil Trial / Trial

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to hear the applicant's claim based on the alleged entitlement to the advertised salary.
  2. 2 Whether the advertisement and subsequent application constituted an employment contract or offer accepted by the applicant.
  3. 3 Whether the respondent is estopped from denying the advertised salary.

Ratio Decidendi

The court found that the applicant's pleadings did not contain the necessary material averments to establish that the advertisement and subsequent application for the post amounted to an employment contract, or that a contract was concluded prior to the appointment letter. The submission that the cause of action is founded on section 77(3) of the BCEA was considered an afterthought, as the statement of claim did not plead that the advertisement was an offer accepted by the applicant. Consequently, the court held that it lacked jurisdiction to hear the claim, as the requirements for jurisdiction under section 77(3) were not met.

Court Disposition

Referral dismissed for want of jurisdiction.

Orders

  • The referral is dismissed for want of jurisdiction.