Wicks v SA Independant Liner Services (Pty) Ltd and Another (10155/2008)
Wicks v SA Independant Liner Services (Pty) Ltd and Another (10155/2008) [2010] ZAWCHC 383 (30 April 2010)
The court found that the dispute was essentially a labour matter, notwithstanding the applicant's attempt to frame it as a company law issue. The applicant's suspension, even if unlawful, affected the employer-employee relationship and remedies for such conduct are provided for under the Labour Relations Act. The High Court's jurisdiction is ousted where the Labour Relations Act provides a remedy, and the applicant must seek relief through the mechanisms established by that Act. The Rule Nisi was discharged and costs, including those for two counsel, were awarded to the respondents.
Source excerpt
- Jurisdiction Of High Court
- Exclusive Labour Court Jurisdiction
- Unlawful Suspension
- Remedies Under Labour Relations Act
- Company Law Vs Labour Law