Building Allied and construction Union and Others v B & E Quarries (Pty) Ltd and Another (P173/97) [1998] ZALC 124 (3 December 1998)

Building Allied and construction Union and Others v B & E Quarries (Pty) Ltd and Another (P173/97) [1998] ZALC 124 (3 December 1998)

The court held that, although the Labour Relations Act does not prescribe a specific time period for filing a statement of case, the Act's objective of expeditious dispute resolution requires claims to be instituted within a reasonable time. The applicants' delay of 11 months was objectively unreasonable, and an application for condonation was required. The applicants had not lodged such an application but requested a postponement to do so. The court found that the prejudice to the respondents could be addressed by a costs order and granted the applicants the indulgence to apply for condonation within two weeks, ordering them to pay the respondents' costs for the day on an attorney and...

Citation
[1998] ZALC 124
Parties
Applicant: Building Construction and Allied Workers Union; Applicant: Peli and 61 Others; Respondent: B & E Quarries (Pty) Ltd; Respondent: Port St Francis (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 December 1998
Case Number
P173/97
Procedural Posture
Labour Court Application / Point in Limine Regarding Condonation for Late Filing of Statement of Case
Outcome
Application postponed to allow applicants to file condonation application; costs awarded against applicants for the day.
Judges
Basson
Legal Topics
Condonation, Unfair Dismissal, Late Filing, Prejudice, Costs Order
Labour Law Civil Procedure Condonation Unfair Dismissal Late Filing Prejudice Costs Order

Case Brief

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Parties

Building Construction and Allied Workers Union

Applicant

Peli and 61 Others

Applicant

B & E Quarries (Pty) Ltd

Respondent

Port St Francis (Pty) Ltd

Respondent

Procedural Posture

Labour Court Application / Point in Limine Regarding Condonation for Late Filing of Statement of Case

Legal Issues

  1. 1 Whether the applicants' delay of 11 months in filing the statement of case was unreasonable.
  2. 2 Whether condonation for late filing is required under the Labour Relations Act.
  3. 3 Whether the applicants should be granted a postponement to apply for condonation.

Ratio Decidendi

The court held that, although the Labour Relations Act does not prescribe a specific time period for filing a statement of case, the Act's objective of expeditious dispute resolution requires claims to be instituted within a reasonable time. The applicants' delay of 11 months was objectively unreasonable, and an application for condonation was required. The applicants had not lodged such an application but requested a postponement to do so. The court found that the prejudice to the respondents could be addressed by a costs order and granted the applicants the indulgence to apply for condonation within two weeks, ordering them to pay the respondents' costs for the day on an attorney and...

Court Disposition

Application postponed to allow applicants to file condonation application; costs awarded against applicants for the day.

Orders

  • The matter is postponed to allow the applicants to bring a proper application for condonation within two weeks of the judgment date.
  • The applicants are to pay the respondents' costs for today on the attorney and own client scale, the one paying the other to be absolved.