n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - When ancestors call an employee : reflections on the judgment of the Supreme Court of Appeal in the case : case note

Volume 27, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



This is a labour dispute which for a period of about seven years, has been moving from one forum to another ( [2011] 3 BLLR 241 (LC); (2012) 33 2812 (LAC); (875/12) [2013] ZASCA 189 (29 November 2013)). Legally, there is nothing untoward about this as the Constitution provides everyone with the right to have their dispute decided in a court of law, tribunal or forum (see s 34 of the Constitution, 1996). This provision implies that a party not happy with the decision of one forum or another can apply for a review or appeal to the next forum, which in this case, is what Kievits Kroon has done. Notwithstanding this constitutional provision, courts are alert to the fact that rich and powerful litigants can use their superior and dominant position as an attempt to wear off a litigant in a less controlling position (see 2010 (5) BCLR 422 (CC) para 52). Though this issue did not arise in the case, the Supreme Court of Appeal seems to have been keen to bring this matter to finality when it ordered that "following the CCMA hearing, two courts told the appellant that its appeal had no merit, although no cost order was made against it. But the appellant persisted with a further appeal to this court. In these circumstances it is appropriate that costs should now follow the result" ( para 33).

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