Rapoo v Rustenburg Local Municipality (JA5/18) [2020] ZALAC 5; [2020] 6 BLLR 533 (LAC) (20 February 2020)

Rapoo v Rustenburg Local Municipality (JA5/18) [2020] ZALAC 5; [2020] 6 BLLR 533 (LAC) (20 February 2020)

The Labour Appeal Court held that the appellant was not dismissed but resigned, and therefore was not entitled to compensation under section 194(3) of the LRA for automatically unfair dismissal. The compensation awarded by the Labour Court was made under section 50(2)(a) of the EEA for unfair discrimination, which is discretionary and not subject to a statutory maximum. The appellant's damages claim, as particularised in extraneous documents, was not properly pleaded or before the Labour Court, and thus could not be considered by the appeal court. The appeal court cannot entertain new evidence on damages not properly before the lower court. The appellant failed to demonstrate prospects of...

Citation
[2020] ZALAC 5
Parties
Appellant: Othusitse Habakkuk Rapoo; Respondent: Rustenburg Local Municipality
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
20 February 2020
Case Number
JA5/18
Procedural Posture
Civil Appeal / Application for Condonation and Reinstatement of Appeal; Appeal Against Compensation and Damages Order
Outcome
Application for condonation and reinstatement of the appeal dismissed; appeal struck from the roll; application to adduce new evidence struck from the roll; no order as to costs.
Judges
Waglay, Murphy, Kathree-Setiloane
Legal Topics
Employment Equity Act, Unfair Discrimination, Compensation Quantum, Damages Pleading, Automatically Unfair Dismissal
Labour Law Civil Procedure Employment Equity Act Unfair Discrimination Compensation Quantum Damages Pleading Automatically Unfair Dismissal

Case Brief

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Parties

Othusitse Habakkuk Rapoo

Appellant

Rustenburg Local Municipality

Respondent

Procedural Posture

Civil Appeal / Application for Condonation and Reinstatement of Appeal; Appeal Against Compensation and Damages Order

Legal Issues

  1. 1 Whether the appellant was entitled to maximum compensation for automatically unfair dismissal under section 194(3) of the LRA.
  2. 2 Whether the Labour Court erred in awarding compensation and damages under the EEA.
  3. 3 Whether the appellant's damages claim was properly pleaded and before the Labour Court.

Ratio Decidendi

The Labour Appeal Court held that the appellant was not dismissed but resigned, and therefore was not entitled to compensation under section 194(3) of the LRA for automatically unfair dismissal. The compensation awarded by the Labour Court was made under section 50(2)(a) of the EEA for unfair discrimination, which is discretionary and not subject to a statutory maximum. The appellant's damages claim, as particularised in extraneous documents, was not properly pleaded or before the Labour Court, and thus could not be considered by the appeal court. The appeal court cannot entertain new evidence on damages not properly before the lower court. The appellant failed to demonstrate prospects of...

Court Disposition

Application for condonation and reinstatement of the appeal dismissed; appeal struck from the roll; application to adduce new evidence struck from the roll; no order as to costs.

Orders

  • The application for condonation and reinstatement of the appeal is dismissed.
  • The appeal is struck from the roll.