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Introduction
[1] The referral to this court embraces a contractual claim as well as a claim in terms of section 10(6) (a) of the Employment Equity Act 55 of 1998 (the EEA). The parties agreed that the contractual claim would be argued on the common cause facts, and that the discrimination claim would be set down for trial, if needs be, after the court has determined the contractual issues.
[2] The parties agreed further that they would submit heads of argument in respect of the contractual issue and that if necessary, the matter would proceed thereafter in respect of the discrimination claim.