Taylor v Merchants SA (Pty) Ltd (C871/2018) [2020] ZALCCT 13 (7 May 2020)

Taylor v Merchants SA (Pty) Ltd (C871/2018) [2020] ZALCCT 13 (7 May 2020)

The court held that the respondent's first exception, which raised a jurisdictional point regarding the absence of a CCMA referral and certificate of outcome, required the introduction of facts outside the pleadings and thus constituted a special plea rather than a proper exception. Such jurisdictional issues should be determined by the trial court at the appropriate stage and cannot be upheld as exceptions. The remaining exceptions, which sought further particularity regarding the applicant's allegations, concerned matters of evidence that can be addressed during pre-trial procedures and do not render the pleading vague or embarrassing. The Labour Court Rules do not require exhaustive...

Citation
[2020] ZALCCT 13
Parties
Applicant: Andre Craig Taylor; Respondent: Merchants SA (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 May 2020
Case Number
C871/2018
Procedural Posture
Exception Application / Exception and Point in Limine to Amended Statement of Claim
Outcome
Exception to the amended statement of claim dismissed with costs.
Judges
H Rabkin-Naicker
Legal Topics
Unfair Discrimination, Automatically Unfair Dismissal, Exception Procedure, Jurisdictional Plea, Statement of Claim Particularity
Labour Law Civil Procedure Unfair Discrimination Automatically Unfair Dismissal Exception Procedure Jurisdictional Plea Statement of Claim Particularity

Case Brief

Summary, issues, holding and outcome

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Parties

Andre Craig Taylor

Applicant

Merchants SA (Pty) Ltd

Respondent

Procedural Posture

Exception Application / Exception and Point in Limine to Amended Statement of Claim

Legal Issues

  1. 1 Whether the amended statement of claim discloses a cause of action or is vague and embarrassing.
  2. 2 Whether the Labour Court has jurisdiction in the absence of a CCMA referral and certificate of outcome for the discrimination claim.
  3. 3 Whether the respondent is entitled to further particularity regarding the applicant's allegations.

Ratio Decidendi

The court held that the respondent's first exception, which raised a jurisdictional point regarding the absence of a CCMA referral and certificate of outcome, required the introduction of facts outside the pleadings and thus constituted a special plea rather than a proper exception. Such jurisdictional issues should be determined by the trial court at the appropriate stage and cannot be upheld as exceptions. The remaining exceptions, which sought further particularity regarding the applicant's allegations, concerned matters of evidence that can be addressed during pre-trial procedures and do not render the pleading vague or embarrassing. The Labour Court Rules do not require exhaustive...

Court Disposition

Exception to the amended statement of claim dismissed with costs.

Orders

  • The exception to the Amended Statement of Claim is dismissed with costs.
  • The Respondent is to file its Response to the Amended Statement of Claim within 10 days of receipt of this order.