Show simple item record 2017-04-08T17:06:05Z 2017-04-08T17:06:05Z 2007-01-23 en
dc.identifier.citation [2007] ZACC 23
dc.identifier.citation 2008 (4) SA 367 (CC)
dc.identifier.citation 2008 (3) BCLR 251 (CC)
dc.identifier.citation (2008) 29 ILJ 73 (CC)
dc.title Chirwa v Transnet Limited and Others en
dc.title.alternative CCT78/06 en
dc.identifier.casenumber CCT78/06 en
dc.contributor.judge Skweyiya J Majority judgment
dc.contributor.judge Ngcobo J separate judgment
dc.contributor.judge Langa CJ separate judgment 28 November 2007
dc.concourt.synopsis Application concerning the concurrent jurisdiction of the Labour Court and the High Court to hear disputes involving employment and labour relations arising from the dismissal of the applicant. The applicant had originally pursued her claim in the CCMA but then changed to the High Court claiming unfair administrative action. The central questions were whether this change was permissible and whether the dismissal amounted to administrative action. Skweyiya J held that the applicant's claim was properly characterised as an unfair dismissal claim and that the High Court did not have concurrent jurisdiction with the Labour Court in such matters. The question of administrative action need not be decided. The appeal was dismissed. While agreeing with the outcome, Langa DCJ, in a separate judgment held that the Labour Court and the High Court did have concurrent jurisdiction. The dismissal did not amount to administrative action. Majority: Skweyiya J (Moseneke DCJ, Madala J, Navsa AJ, Nkabinde J, Sachs J and van der Westhuizen J concurring) Separate Concurrences: Ngcobo J (Moseneke DCJ, Madala J, Navsa AJ, Nkabinde J, Sachs J and van der Westhuizen J concurring); Langa CJ (Mokgoro J and O'Regan J concurring).
dc.concourt.casehistory Application for leave to appeal against a judgment of the SCA: Transnet Ltd and Others v Chirwa 2007 (2) SA 198 (SCA); [2007] 1 All SA 184 (SCA); [2007] 1 BLLR 10 (SCA).

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