Capstick-Dale and Another v Sustainable Fibre Solutions (Pty) Ltd (C424/11)
Capstick-Dale and Another v Sustainable Fibre Solutions (Pty) Ltd (C424/11) [2012] ZALCCT 24; (2013) 34 ILJ 129 (LC) (18 June 2012)
The applicants, through their attorney, made a clear and unequivocal election not to rely on section 197 of the Labour Relations Act in their CCMA proceedings, instead basing their claim on an alleged oral undertaking by the respondent. This election was communicated to the respondent, who acted upon it by objecting to the CCMA's jurisdiction. The applicants are now estopped from changing their legal basis and relying on section 197 in the Labour Court. Allowing them to do so would prejudice the respondent and undermine the fairness and finality of the dispute resolution process. The point in…
Source excerpt
- Jurisdiction
- Election And Estoppel
- Severance Pay
- Section 197 Lra
- Section 41 Bcea