Bhengu and Others v G4S Cash Solutions (SA) (Pty) Ltd (34196/2014)
Bhengu and Others v G4S Cash Solutions (SA) (Pty) Ltd (34196/2014) [2017] ZAGPPHC 355 (28 March 2017)
The court held that the existence of the novel legal duty asserted by the plaintiffs—namely, a duty on the part of an employer to act fairly in dealings with employees—entails a policy decision and value judgment. Such a determination should only be made after the hearing of evidence at trial and not on exception, which is based solely on the allegations in the particulars of claim. The exception procedure requires the facts pleaded to be accepted as true, and the defendant failed to show that the claim is bad in law. Therefore, the exception was dismissed.
Source excerpt
- Novel Legal Duty
- Pure Economic Loss
- Vicarious Liability
- Dismissal
- Strike Action
- Common Law Development