Life Healthcare Group t/a Eugene Marais Hospital v Hlatshwako NO (JR 2991/12, J 209/13) [2015] ZALCJHB 202; [2015] 10 BLLR 1027; (2015) 36 ILJ 2886 (LC) (10 July 2015) per Hulley AJ
In reviewing an award the Labour Court was required to deal with a few issues, including jurisdictional issues concerning the actual referral to the CCMA and the possible reason for ‘dismissal’ in the context of alleged permanent disability. Because proof of a dismissal is a jurisdictional fact the employer was allowed to raise it in the Labour Court for the first time. The Labour Court directed the employee to deliver a statement of claim or an application to the Labour Court declaring that she was actually dismissed to enable the Labour Court to determine if she was in fact dismissed.