South Africa Case Law

Mbambi v Tyeks Security Services (CA26/2024)

Mbambi v Tyeks Security Services (CA26/2024) [2024] ZAECMHC 84 (5 November 2024)

Court

Eastern Cape High Court, Mthatha

Case number

CA26/2024

Judges

RWN Brooks, B Majiki, MS Jolwana

The court held that the High Court retains jurisdiction to adjudicate claims arising from the enforcement of contractual rights in the employment context, unless the claim is one for which the LRA creates specific statutory remedies that are exclusively within the Labour Court's jurisdiction. The appellant's claim was based on breach of contract and sought damages for alleged repudiation, not for unfair dismissal or other statutory relief under the LRA. The pleadings did not assert a cause of action that fell within the exclusive jurisdiction of the Labour Court. The court a quo erred by conf…

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• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Contract Of Employment
• Repudiation And Damages
• Concurrent Jurisdiction
• Special Plea

Mbambi v Tyeks Security Services (4348/2019)

Mbambi v Tyeks Security Services (4348/2019) [2023] ZAECMHC 32 (4 July 2023)

Court

Eastern Cape High Court, Mthatha

Case number

4348/2019

Judge

Notyesi

The High Court held that a dismissal-related employment dispute fell within the exclusive jurisdiction of the Labour Court and dismissed the action.

• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Repudiation Of Contract
• Unfair Dismissal
• Labour-law
• High-court-jurisdiction

Phori v Minister of Police and Others (2552/2021)

Phori v Minister of Police and Others (2552/2021) [2021] ZAFSHC 221 (17 September 2021)

Court

Free State High Court, Bloemfontein

Case number

2552/2021

Judge

Opperman, J

The High Court granted leave to appeal in a jurisdiction dispute over police disciplinary proceedings, holding the matter was arguable and should go to the SCA.

• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Disciplinary Proceedings
• Unlawful Labour Process
• South African Police Service Discipline Regulations
• Leave To Appeal

Lewarne v Fochem International (Pty) Ltd (1073/18)

Lewarne v Fochem International (Pty) Ltd (1073/18) [2019] ZASCA 114; (2019) 40 ILJ 2473 (SCA); [2020] 1 BLLR 33 (SCA) (18 September 2019)

Court

Supreme Court of Appeal

Case number

1073/18

Judges

Tshiqi, Wallis, Zondi, Mocumie, Plasket

The SCA held that a salary claim under an employment contract fell within concurrent civil and Labour Court jurisdiction under section 77(3) of the BCEA.

• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Contract Of Employment
• Unlawful Deductions
• Basic Conditions Of Employment Act
• Labour-law

South African Democratic Teachers Union v Member of the Executive Council, Department of Education Limpopo Province and Another (4915/2017)

South African Democratic Teachers Union v Member of the Executive Council, Department of Education Limpopo Province and Another (4915/2017) [2017] ZALMPPHC 24 (3 August 2017)

Court

Limpopo High Court, Polokwane

Case number

4915/2017

Judge

Sikhwari

The court found that the High Court's jurisdiction was not ousted in this matter, as the dispute did not fall squarely within the exclusive jurisdiction of the Labour Court under section 157(1) of the LRA or section 77(1) of the BCEA. The application was for an urgent interdict, not a monetary claim, and the facts did not support the respondents' contention that the applicant's members were on strike. The court further held that the applicant had demonstrated sufficient urgency due to the risk of irreversible financial prejudice and reputational harm to its members, which could not be adequat…

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• Jurisdiction Of High Court
• Urgent Interdict
• Exclusive Jurisdiction Of Labour Court
• No Work No Pay Policy

Motor Industry Staff Association v Macun N.O. and Others (12758/2014)

Motor Industry Staff Association v Macun N.O. and Others (12758/2014) [2014] ZAGPPHC 888 (6 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

12758/2014

Judge

A.M.L. Phatudi

The High Court determined that the extension of collective agreements under the Labour Relations Act falls squarely within the exclusive jurisdiction of the Labour Court. The applicant did not raise any constitutional issue, and the relief sought pertains directly to the operation and extension of collective agreements, which are matters expressly provided for in the LRA. The court followed the binding precedent set by the Constitutional Court in Chirwa v Transnet and Gcaba v Minister of Safety and Security, which established that the Labour Court is the appropriate forum for such disputes. C…

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• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Collective Agreement Extension
• Principle Of Legality

O Thorpe Construction and Others v Minister Of Labour and Others (9380/2013)

O Thorpe Construction and Others v Minister Of Labour and Others (9380/2013) [2014] ZAWCHC 140; (2015) 36 ILJ 935 (WCC) (9 September 2014)

Court

Western Cape High Court, Cape Town

Case number

9380/2013

Judge

Davis

The High Court does not have jurisdiction to review the Minister's decision to extend a collective agreement under section 32 of the Labour Relations Act. The dispute arises directly from the LRA and is subject to the exclusive jurisdiction of the Labour Court as provided in section 157(1). Section 157(2) does not confer concurrent jurisdiction on the High Court for matters that are governed by the LRA unless a direct constitutional challenge to the legislation itself is made. The applicants' reliance on the principle of legality and constitutional rights does not override the clear legislati…

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• Extension Of Collective Agreements
• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Principle Of Legality
• Promotion Of Administrative Justice Act

Lawrie v Nursing Response CC and Others

Lawrie v Nursing Response CC and Others [2013] ZAECPEHC 47; (2014) 35 ILJ 1498 (ECP) (17 October 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1541/2012

Judge

D.Z. Dukada

The court held that the High Court lacked jurisdiction to entertain the application, as the dispute arose from a settlement agreement concluded under the auspices of the CCMA in terms of the Labour Relations Act, and the Labour Court has exclusive jurisdiction over such matters. The applicant's challenge to the agreement was inextricably linked to the underlying labour dispute, and forum-shopping was discouraged. Even if the High Court had jurisdiction, the applicant failed to establish undue influence or fraud, as she was legally represented and accepted the benefits of the agreement. The pr…

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• Settlement Agreement
• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Unfair Dismissal
• Public Policy
• Contra Bonos Mores

Hulane and Another v Msunduzi Municipality (3445/09)

Hulane and Another v Msunduzi Municipality (3445/09) [2010] ZAKZPHC 94; 2012 (3) SA 121 (KZP) (7 May 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3445/09

Judge

Steyn

The court held that the applicants' claim, when stripped to its essentials, is a dispute regarding remuneration and the enforcement of employment contracts with the respondent municipality. The pleadings do not allege any infringement of administrative rights or fundamental rights that would justify High Court jurisdiction. The claim is essentially a labour dispute, and in terms of section 157(1) of the Labour Relations Act, the Labour Court has exclusive jurisdiction over such matters. The High Court cannot entertain the application as it lacks jurisdiction. The application is therefore dism…

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• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Contract Of Employment
• Administrative Action
• Remuneration Dispute

Rantso v MEC: Department of Health, Free State (A196/08)

Rantso v MEC: Department of Health, Free State (A196/08) [2010] ZAFSHC 10 (4 February 2010)

Court

Free State High Court, Bloemfontein

Case number

A196/08

Judges

H.M. Musi, G.F. Wright, S. Ebrahim

The High Court appeal was dismissed because the dispute over refusal to reinstate an employee was a labour matter within the Labour Court’s exclusive jurisdiction.

• Jurisdiction Of High Court
• Exclusive Jurisdiction Of Labour Court
• Unfair Labour Practice
• Administrative Action
• Review Under Paja
• Labour-court-jurisdiction