Molefe and Others v South African Police Service (JS87/2018) [2021] ZALCJHB 18; (2021) 42 ILJ 1240 (LC) (11 February 2021)

Molefe and Others v South African Police Service (JS87/2018) [2021] ZALCJHB 18; (2021) 42 ILJ 1240 (LC) (11 February 2021)

The court found that the proposed amendment to the statement of claim would render the pleading excipiable, as it was internally contradictory, vague, and embarrassing. The applicants sought to introduce claims over which the Labour Court had no jurisdiction, specifically unfair labour practice claims that must be resolved by arbitration. The amendment also attempted to expand the dispute beyond the scope defined by the bargaining council commissioner, introducing unsustainable causes of action. The court held that there was no basis for the Labour Court to entertain the claims as pleaded and refused the application to amend the statement of claim.

Citation
[2021] ZALCJHB 18
Parties
Applicant: Innocentia Lebogang Molefe & 11 Others; Respondent: South African Police Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 February 2021
Case Number
JS87/2018
Procedural Posture
Amendment Application / Application to Amend Statement of Claim; Decision on Amendment
Outcome
Application to amend statement of claim dismissed.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Jurisdiction of Labour Court, Unfair Labour Practice, Amendment of Pleadings
Labour Law Unfair Dismissal Fixed Term Contracts Jurisdiction of Labour Court Unfair Labour Practice Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Innocentia Lebogang Molefe & 11 Others

Applicant

South African Police Service

Respondent

Procedural Posture

Amendment Application / Application to Amend Statement of Claim; Decision on Amendment

Legal Issues

  1. 1 Whether the applicants may amend their statement of claim to introduce new causes of action.
  2. 2 Whether the Labour Court has jurisdiction over claims of unfair labour practice in this context.
  3. 3 Whether the proposed amendment is excipiable, vague, or internally contradictory.

Ratio Decidendi

The court found that the proposed amendment to the statement of claim would render the pleading excipiable, as it was internally contradictory, vague, and embarrassing. The applicants sought to introduce claims over which the Labour Court had no jurisdiction, specifically unfair labour practice claims that must be resolved by arbitration. The amendment also attempted to expand the dispute beyond the scope defined by the bargaining council commissioner, introducing unsustainable causes of action. The court held that there was no basis for the Labour Court to entertain the claims as pleaded and refused the application to amend the statement of claim.

Court Disposition

Application to amend statement of claim dismissed.

Orders

  • The application to amend the applicants' statement of claim is dismissed.