Moshou v Truworths Limited t/a Truworths (5188/2010) [2013] ZAFSHC 236 (21 November 2013)

Moshou v Truworths Limited t/a Truworths (5188/2010) [2013] ZAFSHC 236 (21 November 2013)

The court found that the plaintiff's claim for damages based on alleged unlawful dismissal is, in substance, a claim for unfair dismissal. The Labour Relations Act provides the exclusive remedy for unfair dismissal, requiring such disputes to be referred to the CCMA or Labour Court. There is no express or implied term in the employment contract that dismissal must be lawful beyond the statutory requirements. Accordingly, the exception to claim 1 succeeds. Regarding claim 2, the court held that the particulars of claim for malicious prosecution contain sufficient factual allegations and are not vague or embarrassing. The exception to claim 2 is dismissed. Costs are awarded to the defendant...

Citation
[2013] ZAFSHC 236
Parties
Plaintiff: Ishmael Molehe Moshou; Defendant: Truworths Limited t/a Truworths
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 November 2013
Case Number
5188/2010
Procedural Posture
Exception Application / Exception to Amended Particulars of Claim
Outcome
Exception to claim 1 upheld; exception to claim 2 dismissed; costs awarded to defendant.
Judges
Pohl
Legal Topics
Unfair Dismissal, Implied Terms in Employment Contract, Malicious Prosecution, Exception Procedure
Labour Law Civil Procedure Unfair Dismissal Implied Terms in Employment Contract Malicious Prosecution Exception Procedure

Case Brief

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Parties

Ishmael Molehe Moshou

Plaintiff

Truworths Limited t/a Truworths

Defendant

Procedural Posture

Exception Application / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's claim for damages based on alleged unlawful dismissal discloses a cause of action in the High Court.
  2. 2 Whether an implied term exists in the employment contract that dismissal must be lawful.
  3. 3 Whether the particulars of claim for malicious prosecution are vague and embarrassing or fail to disclose a cause of action.

Ratio Decidendi

The court found that the plaintiff's claim for damages based on alleged unlawful dismissal is, in substance, a claim for unfair dismissal. The Labour Relations Act provides the exclusive remedy for unfair dismissal, requiring such disputes to be referred to the CCMA or Labour Court. There is no express or implied term in the employment contract that dismissal must be lawful beyond the statutory requirements. Accordingly, the exception to claim 1 succeeds. Regarding claim 2, the court held that the particulars of claim for malicious prosecution contain sufficient factual allegations and are not vague or embarrassing. The exception to claim 2 is dismissed. Costs are awarded to the defendant...

Court Disposition

Exception to claim 1 upheld; exception to claim 2 dismissed; costs awarded to defendant.

Orders

  • The exception to claim 1 (dated 11 September 2013) succeeds.
  • The exception to claim 2 (dated 11 September 2013) is dismissed.