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AI summary
The judgment concerns a prescription special plea in a claim by Nicolaos Riga against Voltex (Pty) Ltd. It records that Mr Riga first claimed wrongful dismissal, later amended his claim to rely on the Protected Disclosures Act 26 of 2000, and Voltex argued that the amended claim had prescribed.
It may be relevant to employment and prescription matters, especially where a claim is amended from a contractual basis to a statutory basis.
Evidence from source
On 23 February 2024, however, Mr. Riga abandoned that claim, and substituted it with the claim that his demotion and ultimate dismissal constituted an occupational detriment under the Protected Disclosures Act 26 of 2000 .
Supports: Summary sentence about the amended claim relying on the Protected Disclosures Act.
Voltex met this amendment with a special plea of prescription. It also pleaded over in the event that the special plea failed.
Supports: Summary sentence about the prescription special plea.
For all these reasons, the special plea is dismissed with costs, including the costs of two counsel, which may be taxed on scale “C”.
Supports: Summary sentence about the outcome of the special plea.