Simmadari v ABSA Bank Limited

Ms Shirley Simmadari, an employee of ABSA Bank Limited, referred two disputes arising from the same factual matrix to the Labour Court: (a) a claim of unfair discrimination based on race under sections 6, 10 and 50 of the Employment Equity Act 55 of 1998 (EEA); and (b) a claim of automatically unfair dismissal under section 187(1)(f) of the Labour Relations Act 66 of 1995 (LRA). The disputes were conciliated and thereafter consolidated in the Labour Court. ABSA raised a point in limine challenging the Court’s jurisdiction to hear the EEA claim on the basis that section 10(1) of the EEA excludes unfair dismissal disputes, and further raised an exception contending that the applicant’s statements of claim did not disclose a cause of action.

The point in limine challenging the Court’s jurisdiction to hear the EEA claim was dismissed. The Court proceeded to consider the exception to the statements of claim.

The judgment clarifies the relationship between section 10(1) of the EEA and section 187(1)(f) of the LRA, confirming that while dismissal disputes must be adjudicated under the LRA, employees are not barred from pursuing parallel unfair discrimination claims under the EEA based on the same facts. It affirms the permissibility of consolidated dual claims in the Labour Court and reinforces the principle against double recovery.