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Determining the forum: The jurisdictional boundaries of courts in employment disputes

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Determining the forum: The jurisdictional boundaries of courts in employment disputes

The appellant is Dario Investments, which carries on business in the food retail sector and owns and operates Tembisa Super Spar. The respondents were former employees of the appellant and members of a trade union.

23 Jun 2025 1 min read Employment Law Alert Article

At a glance

  • This case concerned how an employee frames an employment dispute, whether as a breach of contract or unfair dismissal. This was relevant for purposes of determining which court had jurisdiction to determine the dispute.
  • The Labour Court has exclusive jurisdiction over matters regulated by the Labour Relations Act 66 of 1995. However, the High Court shares concurrent jurisdiction with the Labour Court in a few key instances.
  • Parties must properly plead the issues and details of their case.

 

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