Pinto v Dimension Data and Others (EQ 3/2021)
Pinto v Dimension Data and Others (EQ 3/2021) [2022] ZAEQC 4 (15 June 2022)
The court held that the applicant's claims for unfair discrimination, whether framed in terms of contract, delict, or Pepuda, arise from his employment relationship with Dimension Data. The EEA and LRA provide exclusive jurisdiction to the Labour Court for such claims, and Pepuda expressly excludes its application where the EEA applies. The fact that the employment relationship ended before the claim was brought does not alter the jurisdictional position, as the rights in question arose during employment. Accordingly, the Equality Court lacks jurisdiction to entertain the applicant's complain…
Source excerpt
- Jurisdiction Of Equality Court
- Unfair Discrimination
- Employment Contract
- Disability Benefits
- Pepuda Interpretation