South Africa Case Law

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24)

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24) [2025] ZALCJHB 296 (30 June 2025)

Court

Labour Court Johannesburg

Case number

JS198/24

Judge

W Kruger

The Labour Court does not have jurisdiction to adjudicate claims under the Employment Equity Act unless the dispute has first been referred to the CCMA for conciliation, as required by sections 10(5) and 10(6) of the EEA. The applicant failed to refer an unfair discrimination dispute under the EEA to the CCMA, and only the unfair dismissal claim under section 187(1)(f) of the LRA was properly before the court. Granting leave to amend the statement of case to include EEA relief would allow the applicant to pursue claims over which the court has no jurisdiction, resulting in further procedural…

Source excerpt

• Employment Equity Act
• Unfair Dismissal
• Jurisdiction
• Statement Of Case Amendment
• Conciliation Requirement

Paradza v Solar Park (Rf) (Pty) Ltd (JS198/24)

Paradza v Solar Park (Rf) (Pty) Ltd (JS198/24) [2025] ZALCJHB 237 (18 June 2025)

Court

Labour Court Johannesburg

Case number

JS198/24

Judge

W Kruger

The court held that it lacks jurisdiction to adjudicate claims under the Employment Equity Act where the dispute was not conciliated at the CCMA, as mandated by sections 10(5) and 10(6) of the Act. The applicant's attempt to amend the statement of case to include such claims was refused because granting the amendment would allow the applicant to pursue relief for which the court has no jurisdiction. The applicant must confine his claim to unfair dismissal under section 187 of the Labour Relations Act and make the necessary factual averments. Costs were awarded against the applicant due to rep…

Source excerpt

• Automatic Unfair Dismissal
• Employment Equity Act Jurisdiction
• Conciliation Requirement
• Statement Of Case Amendment

Sishana v SABC (JS758/01)

Sishana v SABC (JS758/01) [2001] ZALC 127 (15 August 2001)

Court

Labour Court

Case number

JS758/01

Judge

A A Landman

The Labour Court condoned SABC’s late response, allowed it to defend, and ordered the applicant to amend his statement of case. No costs were awarded.

• Condonation
• Late Filing Of Pleadings
• Default Judgment
• Statement Of Case Amendment
• Service Of Process
• Late-filing