Owoseb v Tansnamib Holdings Ltd (Ruling on Application) (170 of 2015) [2018] NALCMD 4 (23 March 2018)

Owoseb v Tansnamib Holdings Ltd (Ruling on Application) (170 of 2015) [2018] NALCMD 4 (23 March 2018)

The applicant failed to provide a reasonable and convincing explanation for the prolonged and repeated non-compliance with the rules, and the delay was egregious and prejudicial to the respondent. The sins of the legal practitioner, in this case, must be visited on the applicant, and the application for condonation is dismissed.

Citation
[2018] NALCMD 4
Parties
Applicant: Willie !Owoseb; Respondent: Transnamib Holdings Ltd
Court
Labour Court Main Division
Jurisdiction
Namibia
Judgment Date
23 March 2018
Case Number
170 of 2015
Procedural Posture
Labour Court Application for Condonation / Ruling on Opposed Interlocutory Application for Condonation
Outcome
Application for condonation dismissed
Legal Topics
Condonation, Unfair Dismissal, Legal Practitioner Negligence, Labour Act Compliance
Source Language
English
Labour Law Civil Procedure Condonation Unfair Dismissal Legal Practitioner Negligence Labour Act Compliance

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Parties

Willie !Owoseb

Applicant

Transnamib Holdings Ltd

Respondent

Procedural Posture

Labour Court Application for Condonation / Ruling on Opposed Interlocutory Application for Condonation

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for non-compliance with the Labour Act and court rules
  2. 2 Whether the applicant demonstrated prospects of success on appeal
  3. 3 Whether the sins of the legal practitioner should be visited on the applicant

Ratio Decidendi

The applicant failed to provide a reasonable and convincing explanation for the prolonged and repeated non-compliance with the rules, and the delay was egregious and prejudicial to the respondent. The sins of the legal practitioner, in this case, must be visited on the applicant, and the application for condonation is dismissed.

Court Disposition

Application for condonation dismissed

Orders

  • The applicant’s application for condonation is dismissed.
  • There shall be no order as to costs.