Moremi v Railway Safety Regulator SOE (JS562/19) [2020] ZALCJHB 7 (21 January 2020)

Moremi v Railway Safety Regulator SOE (JS562/19) [2020] ZALCJHB 7 (21 January 2020)

The Labour Court found that the applicant's claim before it was based on breach of contract, whereas the dispute previously determined by the CCMA concerned an unfair labour practice. These are distinct causes of action, and the relief sought in each forum is different. The respondent failed to prove that the applicant's claim before the Labour Court was founded on the same cause of action as the CCMA dispute. Accordingly, the principle of res judicata did not apply, and the Labour Court retained jurisdiction to adjudicate the contractual claim. The point in limine was dismissed.

Citation
[2020] ZALCJHB 7
Parties
Applicant: Moribula Tyson Moremi; Respondent: Railway Safety Regulator SOE
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 January 2020
Case Number
JS562/19
Procedural Posture
Civil Application / Point in Limine (res Judicata) Determination
Outcome
The respondent's point in limine of res judicata is dismissed. The Labour Court retains jurisdiction to hear the applicant's contractual claim.
Judges
Lallie
Legal Topics
Res Judicata, Contract of Employment, Unfair Labour Practice, Jurisdiction, Section 77 Bcea, Section 191 Lra
Labour Law Civil Procedure Res Judicata Contract of Employment Unfair Labour Practice Jurisdiction Section 77 Bcea Section 191 Lra

Case Brief

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Parties

Moribula Tyson Moremi

Applicant

Railway Safety Regulator SOE

Respondent

Procedural Posture

Civil Application / Point in Limine (res Judicata) Determination

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the applicant's contractual claim after the CCMA determined an unfair labour practice dispute on similar facts.
  2. 2 Whether the respondent's point in limine of res judicata is sustainable given the distinct causes of action before the CCMA and the Labour Court.

Ratio Decidendi

The Labour Court found that the applicant's claim before it was based on breach of contract, whereas the dispute previously determined by the CCMA concerned an unfair labour practice. These are distinct causes of action, and the relief sought in each forum is different. The respondent failed to prove that the applicant's claim before the Labour Court was founded on the same cause of action as the CCMA dispute. Accordingly, the principle of res judicata did not apply, and the Labour Court retained jurisdiction to adjudicate the contractual claim. The point in limine was dismissed.

Court Disposition

The respondent's point in limine of res judicata is dismissed. The Labour Court retains jurisdiction to hear the applicant's contractual claim.

Orders

  • The point in limine of res judicata is dismissed.
  • There is no order as to costs.