Motheo District Municipality v Samwu (3454/10) [2015] ZALCJHB 171 (2 June 2015) per Steenkamp J.
“[15] And in South African Maritime Safety Authority v McKenzie, [footnote omitted] a unanimous judgment of the Supreme Court of Appeal, Wallis AJA commented as follows :
“Once more, as in other cases that have come before this court, the plea, so far as it purports to raise a jurisdictional challenge, is misdirected. As the Constitutional Court has reiterated in Gcaba v Minister of Safety & Security & Others, the question in such a case is whether the court has jurisdiction over the pleaded claim and not whether it has jurisdiction over some other claim that has not been pleaded, but could possibly arise from the same facts. In this case the particulars of claim could not have made it clearer that Mr McKenzie’s claim is for damages for breach of contract.”
[16] In the case that served before the arbitrator, the union referred an unfair labour practice dispute to the Bargaining Council. It may be a good or a bad case. That can only be ascertained once it has led the evidence. But there is no doubt that the Council has jurisdiction to hear that claim in terms of s 186(2)(b) of the LRA.”