n Without Prejudice - Forum shopping - employment law

Volume 20 Number 1
  • ISSN : 1681-178X


‘Forum shopping’ is nothing new in a judicial system where jurisdiction over causes of action is divided among forums. The concern about picking and choosing between forums was expressed in Chirwa v Transnet Limited and Others (2008) 29 ILJ 73 (CC) and has been echoed in a number of judgments, including Gcaba v Minister for Safety and Security and Others 2010 (1) SA 238 (CC) where it was held that: ‘Once a litigant has chosen a particular cause of action and system of remedies provided for by the LRA, it is impermissible to abandon that cause when a negative decision or event is encountered’.

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