Bisschoff v Curro Holdings Ltd t/a Curro Academy Wilgeheuwel (JS 613/17) [2020] ZALCJHB 206 (11 September 2020)

Bisschoff v Curro Holdings Ltd t/a Curro Academy Wilgeheuwel (JS 613/17) [2020] ZALCJHB 206 (11 September 2020)

The applicant failed to provide any explanation for the excessive delay in launching the condonation application, which is fatal to her case. The delay in filing the statement of case was adequately explained by her pregnancy and birth, but the subsequent delay in seeking condonation was not addressed. The applicant's prospects of success are weak, as she did not explicitly plead a dismissal or specify the date thereof, and her version is contradictory. The respondent's points in limine regarding CCMA jurisdiction and resignation were dismissed, but the lack of explanation for the delay and weak prospects of success result in the dismissal of the condonation application.

Citation
[2020] ZALCJHB 206
Parties
Applicant: Chantal Bisschoff; Respondent: Curro Holdings Ltd t/a Curro Academy Wilgeheuwel
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 September 2020
Case Number
JS 613/17
Procedural Posture
Condonation Application / Application for Condonation of Late Referral of Statement of Case
Outcome
The application to condone the late referral of the statement of claim is dismissed.
Judges
F Coetzee
Legal Topics
Condonation, Unfair Dismissal, Automatic Unfair Dismissal, Pregnancy Discrimination, Jurisdiction of Ccma
Labour Law Civil Procedure Condonation Unfair Dismissal Automatic Unfair Dismissal Pregnancy Discrimination Jurisdiction of Ccma

Case Brief

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Parties

Chantal Bisschoff

Applicant

Curro Holdings Ltd t/a Curro Academy Wilgeheuwel

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Referral of Statement of Case

Legal Issues

  1. 1 Whether the applicant provided a satisfactory explanation for the excessive delay in filing the condonation application.
  2. 2 Whether the applicant has prospects of success in her claim of unfair dismissal related to pregnancy.
  3. 3 Whether the respondent's point in limine regarding CCMA jurisdiction and alleged resignation is valid.

Ratio Decidendi

The applicant failed to provide any explanation for the excessive delay in launching the condonation application, which is fatal to her case. The delay in filing the statement of case was adequately explained by her pregnancy and birth, but the subsequent delay in seeking condonation was not addressed. The applicant's prospects of success are weak, as she did not explicitly plead a dismissal or specify the date thereof, and her version is contradictory. The respondent's points in limine regarding CCMA jurisdiction and resignation were dismissed, but the lack of explanation for the delay and weak prospects of success result in the dismissal of the condonation application.

Court Disposition

The application to condone the late referral of the statement of claim is dismissed.

Orders

  • The application to condone the late referral of the statement of claim is dismissed.
  • There is no order as to costs.