Coestee and Another v Transnet Ltd and Others (D76/09)
Coestee and Another v Transnet Ltd and Others (D76/09) [2009] ZALCD 3 (16 March 2009)
The Labour Court does not have jurisdiction to interdict disciplinary proceedings based on a contractual claim when the underlying facts are regulated by the LRA. The applicants' cause of action, though framed as unlawful rather than unfair, arises from the same facts as those governed by the LRA and must be resolved through its dispute resolution mechanisms, namely conciliation and arbitration. Allowing direct applications to the Labour Court would undermine the specialised forums and procedures established by the LRA and open the floodgates to similar applications, contrary to legislative i…
Source excerpt
- Jurisdiction Of Labour Court
- Disciplinary Proceedings
- Contractual Claims In Employment
- Interdicts Against Employer Action