Biyela And Others v Mortrade 209 (Pty) Ltd t/a Sabela Loss Control (JS370/13) [2014] ZALCJHB 160 (8 May 2014)

Biyela And Others v Mortrade 209 (Pty) Ltd t/a Sabela Loss Control (JS370/13) [2014] ZALCJHB 160 (8 May 2014)

The court found that the respondent's reliance on rule 6(2) of the Labour Court Rules was misplaced, as there was no referral by the Director of the CCMA. The applicants referred the dispute to the Labour Court in terms of section 191(1) of the Labour Relations Act, which prescribes a 90-day period for referral. The statement of case was filed within this period, and no condonation was required. The respondent's point in limine was therefore without merit and was dismissed. Regarding costs, the court declined to award punitive costs but held that costs should follow the result on a party-to-party scale.

Citation
[2014] ZALCJHB 160
Parties
Applicant: Velaphi Biyela & 3 Others; Respondent: Mortrade 209 (Pty) Ltd t/a Sabela Loss Control
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 May 2014
Case Number
JS370/13
Procedural Posture
Interlocutory Application / Application to Dismiss Statement of Case for Late Filing
Outcome
Respondent's point in limine dismissed with costs.
Judges
E Molahlehi
Legal Topics
Unfair Dismissal, Statement of Case Filing Deadline, Condonation, Jurisdictional Ruling, Costs Award
Labour Law Civil Procedure Unfair Dismissal Statement of Case Filing Deadline Condonation Jurisdictional Ruling Costs Award

Case Brief

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Parties

Velaphi Biyela & 3 Others

Applicant

Mortrade 209 (Pty) Ltd t/a Sabela Loss Control

Respondent

Procedural Posture

Interlocutory Application / Application to Dismiss Statement of Case for Late Filing

Legal Issues

  1. 1 Whether the applicants' statement of case was filed outside the prescribed time frame.
  2. 2 Whether rule 6(2) of the Labour Court Rules applies to the filing of the statement of case in this matter.
  3. 3 Whether condonation for late filing is required in these circumstances.

Ratio Decidendi

The court found that the respondent's reliance on rule 6(2) of the Labour Court Rules was misplaced, as there was no referral by the Director of the CCMA. The applicants referred the dispute to the Labour Court in terms of section 191(1) of the Labour Relations Act, which prescribes a 90-day period for referral. The statement of case was filed within this period, and no condonation was required. The respondent's point in limine was therefore without merit and was dismissed. Regarding costs, the court declined to award punitive costs but held that costs should follow the result on a party-to-party scale.

Court Disposition

Respondent's point in limine dismissed with costs.

Orders

  • The respondent’s point in limine is dismissed.
  • The respondent is ordered to pay the applicants' costs on a party-to-party scale.