Mbambi v Tyeks Security Services (CA26/2024)
Mbambi v Tyeks Security Services (CA26/2024) [2024] ZAECMHC 84 (5 November 2024)
The court held that the High Court retains jurisdiction to adjudicate claims arising from the enforcement of contractual rights in the employment context, unless the claim is one for which the LRA creates specific statutory remedies that are exclusively within the Labour Court's jurisdiction. The appellant's claim was based on breach of contract and sought damages for alleged repudiation, not for unfair dismissal or other statutory relief under the LRA. The pleadings did not assert a cause of action that fell within the exclusive jurisdiction of the Labour Court. The court a quo erred by conf…
Source excerpt
- Jurisdiction Of High Court
- Exclusive Jurisdiction Of Labour Court
- Contract Of Employment
- Repudiation And Damages
- Concurrent Jurisdiction
- Special Plea