Paradza v Solar Park (Rf) (Pty) Ltd (JS198/24)
Paradza v Solar Park (Rf) (Pty) Ltd (JS198/24) [2025] ZALCJHB 237 (18 June 2025)
The court held that it lacks jurisdiction to adjudicate claims under the Employment Equity Act where the dispute was not conciliated at the CCMA, as mandated by sections 10(5) and 10(6) of the Act. The applicant's attempt to amend the statement of case to include such claims was refused because granting the amendment would allow the applicant to pursue relief for which the court has no jurisdiction. The applicant must confine his claim to unfair dismissal under section 187 of the Labour Relations Act and make the necessary factual averments. Costs were awarded against the applicant due to rep…
Source excerpt
- Automatic Unfair Dismissal
- Employment Equity Act Jurisdiction
- Conciliation Requirement
- Statement Of Case Amendment