What this matter essentially raises for determination is whether the High Court has jurisdiction over an allegedly unlawful termination of a fixed-term contract of employment. The extent of the High Court’s jurisdiction in respect of disputes arising in the employment setting is a vexed question on which courts and legal commentators have long been divided. In a series of cases culminating in Gcaba, this Court has provided guidance regarding the proper extent of the High Court’s jurisdiction in relation to claims that arise in the labour context. While these judgments were specifically concerned with administrative law claims arising in the labour context, they nevertheless provide general principles to guide the determination of whether the High Court enjoys jurisdiction over a labour dispute. However, there continue to be varied approaches by the courts to when a matter falls within the exclusive jurisdiction of the Labour Court.
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Click here to read the full judgment on Saflii  On 17 March 2017, this Court issued an order in which Freedom Under Law (FUL) was permitted to intervene in an application brought by Black Sash Trust. FUL became the second applicant in that matter while Black Sash Trust was the first applicant. The Minister of Social Development, the Chief Executive Officer of the South African Social Security Agency, the South African Social Security Agency (SASSA), the Minister of Finance, the National Treasury, Cash Paymaster Services (Pty) Ltd (CPS) and the Information Regulator were all cited as respondents. →