Moller N.O and Another v Krypton Mining (Pty) Ltd and Another (25503/2021)
Moller N.O and Another v Krypton Mining (Pty) Ltd and Another (25503/2021) [2021] ZAGPPHC 497 (12 August 2021)
The court found that the applicants, by referring their employment dispute to the CCMA, conceded that the matter falls within the jurisdiction of the Labour Relations Act, which provides specific remedies and ousts the High Court's jurisdiction for unfair dismissal claims. The applicants did not base their application on a breach of contract of employment but rather on an alleged breach of the company's Memorandum of Incorporation, which does not govern employment relations. The court distinguished the present case from Baloyi, noting that the constitutional issue raised in Baloyi was absent…
Source excerpt
- Leave To Appeal Requirements
- Jurisdiction Of High Court
- Unfair Dismissal
- Alternative Remedies
- Shareholder Meeting Compulsion
- Peremption