Labour Group and Others v SA Dopper (Pty) Ltd (J 1251/13)
Labour Group and Others v SA Dopper (Pty) Ltd (J 1251/13) [2013] ZALCJHB 263; (2014) 35 ILJ 1011 (LC) (14 October 2013)
The Labour Court does not have jurisdiction to entertain a dispute arising solely from the cancellation of a labour broking contract between the applicant and respondent, as the contract is a commercial agreement and not an employment contract. The applicant failed to plead jurisdiction in its founding affidavit, and the employees were not properly before the Court. Section 198 of the LRA governs the employment relationship between the labour broker and its employees, but does not extend Labour Court jurisdiction to commercial disputes between brokers and clients. The authorities cited confir…
Source excerpt
- Labour Broking
- Jurisdiction Of Labour Court
- Section 198 Lra
- Breach Of Commercial Contract