Simmadari v Absa Bank Limited (C124/17, C728/16) [2018] ZALCCT 7; [2018] 7 BLLR 710 (LC); (2018) 39 ILJ 1819 (LC) (6 March 2018)

Simmadari v Absa Bank Limited (C124/17, C728/16) [2018] ZALCCT 7; [2018] 7 BLLR 710 (LC); (2018) 39 ILJ 1819 (LC) (6 March 2018)

The Labour Court held that section 10(1) of the Employment Equity Act excludes disputes about automatically unfair dismissal from adjudication under the EEA, but does not preclude an employee from pursuing separate claims under the EEA and the LRA, provided each claim is properly pleaded and substantiated. The applicant's statements of claim failed to disclose valid causes of action for both unfair discrimination and automatically unfair dismissal. The applicant did not adequately plead the grounds of discrimination, failed to identify comparators, and did not establish a causal link between her alleged victimisation and her race. The allegations were vague, lacked factual basis, and did...

Citation
[2018] ZALCCT 7
Parties
Applicant: Shirley Simmadari; Respondent: Absa Bank Limited
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
6 March 2018
Case Number
C124/17, C728/16
Procedural Posture
Exception Application / Preliminary Point in Limine and Exception Before Trial
Outcome
Exception upheld; both claims dismissed with costs.
Judges
Anton J Steenkamp
Legal Topics
Employment Equity Act, Automatically Unfair Dismissal, Unfair Discrimination, Pleading Requirements, Exception Procedure
Labour Law Civil Procedure Employment Equity Act Automatically Unfair Dismissal Unfair Discrimination Pleading Requirements Exception Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Shirley Simmadari

Applicant

Absa Bank Limited

Respondent

Procedural Posture

Exception Application / Preliminary Point in Limine and Exception Before Trial

Legal Issues

  1. 1 Whether dual claims under the Employment Equity Act and Labour Relations Act are permissible on the same facts.
  2. 2 Whether the applicant's statements of claim disclose valid causes of action for unfair discrimination and automatically unfair dismissal.
  3. 3 Whether the Labour Court has jurisdiction to adjudicate both claims.

Ratio Decidendi

The Labour Court held that section 10(1) of the Employment Equity Act excludes disputes about automatically unfair dismissal from adjudication under the EEA, but does not preclude an employee from pursuing separate claims under the EEA and the LRA, provided each claim is properly pleaded and substantiated. The applicant's statements of claim failed to disclose valid causes of action for both unfair discrimination and automatically unfair dismissal. The applicant did not adequately plead the grounds of discrimination, failed to identify comparators, and did not establish a causal link between her alleged victimisation and her race. The allegations were vague, lacked factual basis, and did...

Court Disposition

Exception upheld; both claims dismissed with costs.

Orders

  • The first point in limine is dismissed.
  • The exception relating to both claims is upheld.