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South Africa decisions
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Keepile v Lekwa - Teemane Local Municipality (JS144/2022) [2023] ZALCJHB 229 (19 July 2023)
The Labour Court dismissed an exception to a statement of claim, holding that the pleading was sufficiently clear and that the respondent had not shown it was excipiable.
Peter v Truworths Ltd (C07/2023) [2023] ZALCJHB 213 (14 July 2023)
The Labour Court upheld an exception because the statement of claim lacked material facts and consisted largely of legal conclusions. Leave to amend was granted.
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…
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Mcinga v Dr Beyers Naude Local Municipality (PS42/19) [2021] ZALCPE 2 (19 August 2021)
The Labour Court upheld an exception to a discrimination claim because the statement of claim did not plead a specific ground under section 6(1) of the EEA.
Pheganyane v SANCA Witbank Alcohol and Drug Help Centre and Others (JS 170/20) [2021] ZALCJHB 55 (27 March 2021)
The Court found that although the delay in filing the Statement of Claim was excessive, the applicant, acting without legal representation, provided a reasonable and acceptable explanation for the delay, having followed the CCMA's directions and only later learning of the correct jurisdiction. SANCA did not demonstrate prejudice from the granting of condonation, and the applicant's prospects of success remained unchallenged. Therefore, condonation was granted. However, the Statement of Claim was found to be prolix, unclear, and non-compliant with Rule 6, making it impossible for SANCA to form…
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Liquid Telecommunication (Pty) Ltd v Carmichael-Brown (JS987/17) [2018] ZALCJHB 153; [2018] 8 BLLR 804 (LC); (2018) 39 ILJ 1779 (LC) (27 March 2018)
The Labour Court dismissed an exception to a statement of claim for contractual damages, holding that Labour Court Rule 6, not the Uniform Rules, governed pleading detail.
Nelson v Panda Interiors CC (JS275/16) [2016] ZALCJHB 518 (9 December 2016)
The Labour Court dismissed an exception to a claim that an employee was dismissed for age discrimination, finding the statement of claim disclosed a valid cause of action.
Coetzee v SA Water Cycle Group (Pty) Ltd and Another (JS103/12) [2014] ZALCJHB 70 (5 March 2014)
Interlocutory Labour Court ruling on an amendment to pleadings in a protected disclosure dismissal dispute. Joinder of the shareholder respondent was rejected; protected disclosure allegations were allowed.
Manyathela and Others v Commission for Conciliation Mediation and Arbitration and Others (J 168/13) [2013] ZALCJHB 112 (22 May 2013)
The Labour Court upheld an exception to an application to compel wage-related information because the applicants had not pleaded a proper legal basis for the relief sought.
De Klerk v Cape Union Mart International (Pty) Ltd (C 620/2011) [2012] ZALCCT 22; (2012) 33 ILJ 2887 (LC) (12 June 2012)
The court held that the applicant cannot rely directly on section 23 of the Constitution for her claim, as the Labour Relations Act is the legislation enacted to give effect to that right and no constitutional challenge was made. The first exception, relating to direct constitutional reliance, was upheld. Regarding section 187(1)(d), the court found the reasoning in Mackay v ABSA persuasive, holding that a purposive interpretation of the LRA may allow an employee dismissed for lodging a grievance under internal procedures to pursue a claim for automatically unfair dismissal. The second except…
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