Shozi and Others v Petcon Investments CC t/a Petcon Outsourcing Solutions and Another (D935/15) [2016] ZALCD 14; [2017] 1 BLLR 54 (LC) (29 June 2016)

Shozi and Others v Petcon Investments CC t/a Petcon Outsourcing Solutions and Another (D935/15) [2016] ZALCD 14; [2017] 1 BLLR 54 (LC) (29 June 2016)

The Labour Court has jurisdiction to adjudicate the applicants' contractual claim under section 77(3) of the BCEA, as the pleaded dispute concerns breach of contract and not an unfair labour practice. The once-and-for-all rule does not bar the applicants from pursuing their contractual claim separately, since the CCMA lacked jurisdiction over contract law disputes. While judicial policy generally prohibits changing cause of action mid-stream and switching forums, an exception applies where a dismissal interrupts the pursuit of a mutual interest dispute. In this case, fairness dictates that the applicants be permitted to reframe their cause of action and proceed with their contractual...

Citation
[2016] ZALCD 14
Parties
Applicant: Thulisani Mbongeni Shozi & 204 Others; Respondent: Petcon Investments CC t/a Petcon Outsourcing Solutions; Respondent: Unilever South Africa (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
29 June 2016
Case Number
D935/15
Procedural Posture
Contract Claim / Points in Limine
Outcome
All points in limine raised by the first respondent are dismissed with costs.
Judges
Whitcher
Legal Topics
Contract of Employment, Jurisdiction of Labour Court, Once and for All Rule, Change of Cause of Action, Unilateral Variation of Terms
Labour Law Civil Procedure Contract of Employment Jurisdiction of Labour Court Once and for All Rule Change of Cause of Action Unilateral Variation of Terms

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Parties

Thulisani Mbongeni Shozi & 204 Others

Applicant

Petcon Investments CC t/a Petcon Outsourcing Solutions

Respondent

Unilever South Africa (Pty) Ltd

Respondent

Procedural Posture

Contract Claim / Points in Limine

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to adjudicate the applicants' contractual claim under section 77(3) of the BCEA?
  2. 2 Does the once-and-for-all rule bar the applicants from pursuing their contractual claim separately from their unfair dismissal dispute?
  3. 3 Is it permissible for the applicants to change their cause of action mid-stream after initially pursuing the matter as a mutual interest dispute in the CCMA?

Ratio Decidendi

The Labour Court has jurisdiction to adjudicate the applicants' contractual claim under section 77(3) of the BCEA, as the pleaded dispute concerns breach of contract and not an unfair labour practice. The once-and-for-all rule does not bar the applicants from pursuing their contractual claim separately, since the CCMA lacked jurisdiction over contract law disputes. While judicial policy generally prohibits changing cause of action mid-stream and switching forums, an exception applies where a dismissal interrupts the pursuit of a mutual interest dispute. In this case, fairness dictates that the applicants be permitted to reframe their cause of action and proceed with their contractual...

Court Disposition

All points in limine raised by the first respondent are dismissed with costs.

Orders

  • The first respondent's points in limine are dismissed with costs.