Jojwana v King Sabata Dalindyebo Municipality and Others (1626/19)
Jojwana v King Sabata Dalindyebo Municipality and Others (1626/19) [2020] ZAECMHC 52 (10 November 2020)
The applicant failed to plead sufficient facts to establish the High Court's jurisdiction over his claim for extra duty allowance. He did not set out the terms of any employment agreement or provide evidence of a contractual or constitutional breach that would invoke the High Court's concurrent jurisdiction under section 157(2)(a) of the Labour Relations Act. The relief sought was unsupported by the founding affidavit, and the cause of action was not properly pleaded. As a result, the High Court is legally incompetent to entertain the application, and the matter falls within the exclusive jur…
Source excerpt
- Jurisdiction Of High Court
- Exclusive Labour Court Jurisdiction
- Extra Duty Allowance
- Prescription Of Claims