Qalashe v Member of the Executive Council for the Department of Health, Eastern Cape (PS29/17) [2019] ZALCPE 28; [2020] 4 BLLR 394 (LC) (22 October 2019)

Qalashe v Member of the Executive Council for the Department of Health, Eastern Cape (PS29/17) [2019] ZALCPE 28; [2020] 4 BLLR 394 (LC) (22 October 2019)

The Court found that while the respondent's preliminary points regarding the applicant's failure to plead a specific ground for discrimination have merit, the manner in which they were raised did not comply with Rule 11 of the Labour Court Rules and Clause 10.3 of the Practice Manual. These provisions require that such points be brought by way of interlocutory application on notice, supported by affidavit. The Practice Manual is binding on parties, and non-compliance with its procedures cannot be condoned. The Court exercised its discretion to postpone the trial proceedings to allow the applicant an opportunity to address the preliminary points once they are properly brought before the...

Citation
[2019] ZALCPE 28
Parties
Applicant: Ncebakazi Frances Qalashe; Respondent: Member of the Executive Council for the Department of Health, Eastern Cape
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
22 October 2019
Case Number
PS29/17
Procedural Posture
Labour Law Application / Preliminary Points and Postponement Application
Outcome
The trial proceedings are postponed sine die to allow proper ventilation of preliminary points in accordance with prescribed procedures. The late filing of the respondent's statement of response is condoned. Directions are given for the filing and hearing of the interlocutory application. Costs are reserved for...
Judges
Tlhotlhalemaje
Legal Topics
Employment Equity Act, Unfair Discrimination, Equal Pay for Equal Work, Interlocutory Applications, Practice Manual Compliance
Labour Law Employment Equity Act Unfair Discrimination Equal Pay for Equal Work Interlocutory Applications Practice Manual Compliance

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Parties

Ncebakazi Frances Qalashe

Applicant

Member of the Executive Council for the Department of Health, Eastern Cape

Respondent

Procedural Posture

Labour Law Application / Preliminary Points and Postponement Application

Legal Issues

  1. 1 Whether the applicant's statement of claim properly pleads a specific ground for alleged unfair discrimination under the Employment Equity Act.
  2. 2 Whether the respondent's late filing of its statement of response should be condoned.
  3. 3 Whether the respondent's preliminary points were properly raised in accordance with Rule 11 and the Practice Manual of the Labour Court.

Ratio Decidendi

The Court found that while the respondent's preliminary points regarding the applicant's failure to plead a specific ground for discrimination have merit, the manner in which they were raised did not comply with Rule 11 of the Labour Court Rules and Clause 10.3 of the Practice Manual. These provisions require that such points be brought by way of interlocutory application on notice, supported by affidavit. The Practice Manual is binding on parties, and non-compliance with its procedures cannot be condoned. The Court exercised its discretion to postpone the trial proceedings to allow the applicant an opportunity to address the preliminary points once they are properly brought before the...

Court Disposition

The trial proceedings are postponed sine die to allow proper ventilation of preliminary points in accordance with prescribed procedures. The late filing of the respondent's statement of response is condoned. Directions are given for the filing and hearing of the interlocutory application. Costs are reserved for...

Orders

  • The trial proceedings are postponed sine die.
  • The late filing of the respondent's statement of response is condoned.