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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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