The respondent employee, Ms NomaHlubi Lorraine Mbenya, was dismissed by her employer, Boxer Superstores Mthatha, on 7 December 2004 following a disciplinary hearing. Approximately seven months later, and outside the statutory time limits for unfair dismissal claims under the Labour Relations Act 66 of 1995 (LRA), she approached the High Court seeking declaratory and restorative relief. She alleged that the disciplinary hearing and her dismissal were unlawful due to procedural defects (including the absence of a proper charge and evidence) and substantive unfairness. The employer raised a preliminary objection, contending that the High Court lacked jurisdiction because the dispute fell within the exclusive jurisdiction of the labour courts under the LRA.
The appeal was dismissed with costs. The High Court’s jurisdiction to entertain the employee’s application was confirmed.
This case is a leading authority on the delineation between the jurisdiction of the High Court and the labour courts in South Africa. It confirms that employees may approach the High Court for common-law contractual relief arising from dismissals alleged to be unlawful, even where similar facts might support an unfair dismissal claim under the LRA. The decision reinforces the principle that the form and substance of the pleaded claim determine jurisdiction.