Bifawu and Another v Computershare Investor Services Ltd (J1345/04) [2015] ZALCJHB 70 (5 March 2015)

Bifawu and Another v Computershare Investor Services Ltd (J1345/04) [2015] ZALCJHB 70 (5 March 2015)

The court found that while the delay in prosecuting the claim was excessive, both parties contributed to the failure to finalise the pre-trial minute. There was no evidence that the respondent was placed on terms or that the respondent had lost interest in the claim. The interests of justice did not favour dismissing the claim, as the delay was not solely attributable to the respondent and the applicant only acted after the pre-trial minute was filed. The application to dismiss was refused, and the court directed that judicial case management be arranged to expedite the matter.

Citation
[2015] ZALCJHB 70
Parties
Applicant: BIFAWU; Applicant: MARIMUTHU; Respondent: COMPUTERSHARE INVESTOR SERVICES LTD
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2015
Case Number
J1345/04
Procedural Posture
Urgent Application / Interlocutory Application to Dismiss Statement of Case for Unreasonable Delay
Outcome
Application to dismiss the respondent's unfair dismissal claim is refused.
Judges
Molahlehi
Legal Topics
Unreasonable Delay, Dismissal of Claim, Pre Trial Procedure, Judicial Discretion
Labour Law Civil Procedure Unreasonable Delay Dismissal of Claim Pre Trial Procedure Judicial Discretion

Case Brief

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Parties

BIFAWU

Applicant

MARIMUTHU

Applicant

COMPUTERSHARE INVESTOR SERVICES LTD

Respondent

Procedural Posture

Urgent Application / Interlocutory Application to Dismiss Statement of Case for Unreasonable Delay

Legal Issues

  1. 1 Whether the respondent's unfair dismissal claim should be dismissed due to unreasonable delay in prosecution.
  2. 2 Whether both parties contributed to the delay in finalising the pre-trial minute.
  3. 3 Whether the interests of justice favour barring the respondent from proceeding with the claim.

Ratio Decidendi

The court found that while the delay in prosecuting the claim was excessive, both parties contributed to the failure to finalise the pre-trial minute. There was no evidence that the respondent was placed on terms or that the respondent had lost interest in the claim. The interests of justice did not favour dismissing the claim, as the delay was not solely attributable to the respondent and the applicant only acted after the pre-trial minute was filed. The application to dismiss was refused, and the court directed that judicial case management be arranged to expedite the matter.

Court Disposition

Application to dismiss the respondent's unfair dismissal claim is refused.

Orders

  • The applicant’s application to dismiss the respondent’s unfair dismissal claim is dismissed with no order as to costs.
  • The Registrar is directed to arrange a judicial case management with both parties before a judge within 10 days of the date of this order.