Mgumane v Mineral Sands Resources (Pty) Ltd (C180/2016)
Mgumane v Mineral Sands Resources (Pty) Ltd (C180/2016) [2022] ZALCCT 9 (21 February 2022)
The applicant's statement of claim was insufficiently detailed and did not comply with Rule 6 of the Labour Court Rules, failing to found a contractual claim under section 77(3) of the BCEA. The Labour Court, like the High Court, sits as a court of law when adjudicating contractual claims and requires pleadings that would pass muster in a civil court for breach of contract. Although equitable principles may assist unrepresented litigants, the parties did not flesh out the pleadings through a pre-trial minute as directed. Consequently, the applicant's claim was dismissed for want of jurisdicti…
Source excerpt
- Jurisdiction Of Labour Court
- Contractual Claims In Employment
- Statement Of Claim Requirements
- Unilateral Change To Terms
- Rule 6 Compliance