Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023)
Mathebe v Cullinan Diamond Mine (Pty) Ltd (JS382/2023) [2025] ZALCJHB 330 (1 August 2025)
The Labour Court does not have jurisdiction to entertain the applicant's claims for general damages and loss of earnings, as such relief is not contemplated by the Labour Relations Act or the Basic Conditions of Employment Act. The applicant failed to refer any unfair labour practice to the CCMA or a bargaining council, and did not plead any contractual breach or valid claim under the Mine Health and Safety Act. Furthermore, the applicant's claims have prescribed under the Prescription Act, as the cause of action arose no later than 28 February 2018 and the claim was only instituted in July 2…
Source excerpt
- Jurisdiction Of Labour Court
- Prescription Act
- Unfair Labour Practice
- Mine Health And Safety Act
- Contract Of Employment
- General Damages