Snyders v Epic Foods (Pty) Ltd (JS 565/11) [2013] ZALCJHB 57 (23 April 2013)

Snyders v Epic Foods (Pty) Ltd (JS 565/11) [2013] ZALCJHB 57 (23 April 2013)

The Labour Court lacks jurisdiction to hear the applicant's constructive dismissal claim because it was not referred by the CCMA Director under section 191(6) of the LRA. The doctrine of causa continentia cannot be used to extend the court's jurisdiction in the absence of compliance with statutory referral requirements. The applicant's statement of claim, when read as a whole, sufficiently discloses a cause of action regarding the bonus and expense claims, and the use of terms such as 'bonus' and 'profit share' is not fatal to the pleading. Complaints regarding calculation and discretion are matters of particularity, not cause of action. The constructive dismissal claim is stayed and...

Citation
[2013] ZALCJHB 57
Parties
Applicant: Gerrit Snyders; Respondent: Epic Foods (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 April 2013
Case Number
JS 565/11
Procedural Posture
Exception Application / Exception to Statement of Claim; Jurisdiction and Cause of Action
Outcome
Exception that the Labour Court lacks jurisdiction to hear the constructive dismissal claim is upheld; exception that the statement of claim does not disclose a cause of action is dismissed; constructive dismissal claim stayed and referred to CCMA for arbitration; costs order made against applicant, capped and...
Judges
Memani
Legal Topics
Constructive Dismissal, Jurisdiction of Labour Court, Causa Continentia, Exception Procedure, Bonus Claims
Labour Law Civil Procedure Constructive Dismissal Jurisdiction of Labour Court Causa Continentia Exception Procedure Bonus Claims

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Parties

Gerrit Snyders

Applicant

Epic Foods (Pty) Ltd

Respondent

Procedural Posture

Exception Application / Exception to Statement of Claim; Jurisdiction and Cause of Action

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to determine a constructive dismissal claim not referred by the CCMA Director under section 191(6) of the LRA?
  2. 2 Does the applicant's statement of claim disclose a cause of action regarding bonuses and expenses?
  3. 3 Can the doctrine of causa continentia extend Labour Court jurisdiction in these circumstances?

Ratio Decidendi

The Labour Court lacks jurisdiction to hear the applicant's constructive dismissal claim because it was not referred by the CCMA Director under section 191(6) of the LRA. The doctrine of causa continentia cannot be used to extend the court's jurisdiction in the absence of compliance with statutory referral requirements. The applicant's statement of claim, when read as a whole, sufficiently discloses a cause of action regarding the bonus and expense claims, and the use of terms such as 'bonus' and 'profit share' is not fatal to the pleading. Complaints regarding calculation and discretion are matters of particularity, not cause of action. The constructive dismissal claim is stayed and...

Court Disposition

Exception that the Labour Court lacks jurisdiction to hear the constructive dismissal claim is upheld; exception that the statement of claim does not disclose a cause of action is dismissed; constructive dismissal claim stayed and referred to CCMA for arbitration; costs order made against applicant, capped and...

Orders

  • The exception that the Labour Court lacks jurisdiction to hear the applicant’s case of constructive dismissal is upheld.
  • The exception that the statement of case does not disclose a cause of action is dismissed.