Pinto v Dimension Data and Others (EQ 3/2021) [2022] ZAEQC 4 (15 June 2022)

Pinto v Dimension Data and Others (EQ 3/2021) [2022] ZAEQC 4 (15 June 2022)

The court held that the applicant's claims for unfair discrimination, whether framed in terms of contract, delict, or Pepuda, arise from his employment relationship with Dimension Data. The EEA and LRA provide exclusive jurisdiction to the Labour Court for such claims, and Pepuda expressly excludes its application where the EEA applies. The fact that the employment relationship ended before the claim was brought does not alter the jurisdictional position, as the rights in question arose during employment. Accordingly, the Equality Court lacks jurisdiction to entertain the applicant's complaint.

Citation
[2022] ZAEQC 4
Parties
Applicant: Paul Pinto; Respondent: Dimension Data; Respondent: Dimension Data Group Provident Fund; Respondent: Old Mutual
Court
Equality Court
Jurisdiction
South Africa
Judgment Date
15 June 2022
Case Number
EQ 3/2021
Procedural Posture
Urgent Application / Jurisdictional Ruling
Outcome
Application dismissed for lack of jurisdiction.
Judges
Vally
Legal Topics
Jurisdiction of Equality Court, Unfair Discrimination, Employment Contract, Disability Benefits, Pepuda Interpretation
Civil Procedure Labour Law Jurisdiction of Equality Court Unfair Discrimination Employment Contract Disability Benefits Pepuda Interpretation

Case Brief

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Parties

Paul Pinto

Applicant

Dimension Data

Respondent

Dimension Data Group Provident Fund

Respondent

Old Mutual

Respondent

Procedural Posture

Urgent Application / Jurisdictional Ruling

Legal Issues

  1. 1 Does the Equality Court have jurisdiction to hear claims of unfair discrimination arising from an employment relationship?
  2. 2 Does the applicant's claim fall within the ambit of the Promotion of Equality and Prevention of Unfair Discrimination Act (Pepuda) or the Employment Equity Act (EEA)?
  3. 3 Does the termination of the employment relationship affect the applicant's right to claim for alleged discrimination that occurred during employment?

Ratio Decidendi

The court held that the applicant's claims for unfair discrimination, whether framed in terms of contract, delict, or Pepuda, arise from his employment relationship with Dimension Data. The EEA and LRA provide exclusive jurisdiction to the Labour Court for such claims, and Pepuda expressly excludes its application where the EEA applies. The fact that the employment relationship ended before the claim was brought does not alter the jurisdictional position, as the rights in question arose during employment. Accordingly, the Equality Court lacks jurisdiction to entertain the applicant's complaint.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • It is declared that the Equality Court is not jurisdictionally empowered to entertain the applicant’s complaint.