A Family’s R10 Million Grief Claim Fails in Labour Court

A long-running legal battle that saw a man seek R10 million in damages for his late brother’s dismissal has reached its end, with the Labour Court dismissing the claim and ordering the applicant to pay costs for pursuing “meritless” litigation.

The case stemmed from the 2018 dismissal of Thabiso Motjamela from Stanmar Motors in George. The dismissal followed an incident that caused over R46,000 in damages. However, the Commission for Conciliation, Mediation and Arbitration (CCMA) later found the dismissal to be unfair and ordered the dealership to pay Thabiso just over R14,000equivalent to two months’ salary.

This compensation was paid in November 2023, despite ongoing appeals by Thabiso.

A Legal Odyssey Continues After Death

Unsatisfied with the CCMA’s ruling, Thabiso had spent years trying to challenge it through the courts. He filed a review application in 2020, which was dismissed. He then lodged an appeal in 2023, which was also dismissed.

Tragically, Thabiso passed away in early 2024. Six months later, the Labour Appeal Court heard his final appeal and dismissed it, stating the case had “no prospects of success.”

Undeterred, his brother, Thabang Motjamela, took up the legal fight. In February 2025, he filed a new application, arguing the dismissal was both procedurally and substantively unfair and claiming a staggering R10 million for the emotional and financial hardship inflicted on his family.

Why the R10 Million Claim Failed

The dealership argued successfully that Thabang’s claim was fundamentally flawed for several reasons:

• The Matter Was Finalised: The original unfair dismissal case had already been settled by the CCMA’s ruling and the payment of the R14,000 compensation.

• Wrong Type of Claim: Thabang’s R10 million claim was delictual (a civil wrong), which falls outside the scope of the Labour Relations Act that governs dismissal disputes.

• Prescribed: Even if it were a valid delictual claim, it would have expired because the dismissal happened back in 2018.

The dealership asked the court to dismiss the application with a punitive cost order, arguing that Thabang had persisted with an “ill-considered” and “meritless” case.

Acting Judge Pamela Melapi agreed. She highlighted that Thabang had insisted on pursuing fruitless litigation and that it was unfair for the dealership to bear the cost of defending against it.

“The applicant came to court with a meritless application, which should not have been pursued,” the judge stated.

The court subsequently dismissed the application and ordered Thabang to pay the dealership’s legal costs, drawing a final line under a legal saga that outlived the original complainant.

{Source: IOL} 

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