Month Archives: September 2023

The court was seized with three special pleas, namely: lack of jurisdiction, res judicata, and prescription. The plaintiff being in the employment of the defendant was dismissed owing to his unauthorised absence from work for a period exceeding two days. The plaintiff lodged a complaint with the District Labour Court where it was found that the dismissal was both procedurally and substantively unfair, and dismissal was set aside.

The defendant contended that this is a labour matter which falls only within the jurisdiction of the Labour Court established in terms of s 115 of the Labour Act, and . . .

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Order:

1. The summary judgment application is dismissed with costs.
2. The defendants are to file their plea on or before 19 September 2023.
3. The plaintiff is to replicate the plea on or before 26 September 2023.
4. The parties are to file their discovery on or before 3 October 2023.
5. The matter is postponed for a case management conference on 10 October 2023 at 15:30 and the parties are to file their joint case management report on or before 5 October 2023.

Reasons for order:

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