National Health Laboratory Service v Turzyniecka (D1245/16)
National Health Laboratory Service v Turzyniecka (D1245/16) [2017] ZALCD 19 (15 September 2017)
The court found that the respondent's answering affidavit and power of attorney, although signed outside South Africa, were sufficiently authenticated and did not prejudice the applicant; thus, the application to strike out was dismissed. The res judicata point failed because the validity of the employment contract was not adjudicated in the CCMA arbitration, which dealt with the fairness of dismissal, not the contract's validity. The court held that it lacked jurisdiction to pronounce on the validity of a contract already terminated and subject to an arbitration award, which remains binding…
Source excerpt
- Condonation
- Res Judicata
- Validity Of Employment Contract
- Power Of Attorney
- Reasonable Time
- Principle Of Legality