Chetty v Baker Mckenzie (JS1107/18) [2020] ZALCJHB 25 (4 February 2020)

Chetty v Baker Mckenzie (JS1107/18) [2020] ZALCJHB 25 (4 February 2020)

The court found that Chetty was aware of the discrimination allegations from the time of her resignation and did not require legal advice to recognize them. Her attorneys were experienced and had discussed the discrimination claim with her early on. The delay in referring the automatically unfair dismissal dispute to the Labour Court was excessive and not adequately explained. The court held that settlement negotiations and the unavailability of her attorney did not constitute reasonable or acceptable explanations for the delay. The principles established in Collett and eThekwini Municipality require a full and reasonable explanation for the entire period of delay, which Chetty failed to...

Citation
[2020] ZALCJHB 25
Parties
Applicant: Vanimala Chetty; Respondent: Baker McKenzie
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 February 2020
Case Number
JS1107/18
Procedural Posture
Condonation Application / Judgment on Condonation for Late Referral
Outcome
Condonation application dismissed.
Judges
BN Conradie
Legal Topics
Condonation, Automatically Unfair Dismissal, Unfair Discrimination, Employment Equity Act, Labour Relations Act
Labour Law Condonation Automatically Unfair Dismissal Unfair Discrimination Employment Equity Act Labour Relations Act

Case Brief

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Parties

Vanimala Chetty

Applicant

Baker McKenzie

Respondent

Procedural Posture

Condonation Application / Judgment on Condonation for Late Referral

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for the delay in referring the automatically unfair dismissal dispute to the Labour Court.
  2. 2 Whether condonation should be granted for the late referral of the automatically unfair dismissal dispute.

Ratio Decidendi

The court found that Chetty was aware of the discrimination allegations from the time of her resignation and did not require legal advice to recognize them. Her attorneys were experienced and had discussed the discrimination claim with her early on. The delay in referring the automatically unfair dismissal dispute to the Labour Court was excessive and not adequately explained. The court held that settlement negotiations and the unavailability of her attorney did not constitute reasonable or acceptable explanations for the delay. The principles established in Collett and eThekwini Municipality require a full and reasonable explanation for the entire period of delay, which Chetty failed to...

Court Disposition

Condonation application dismissed.

Orders

  • The condonation application is dismissed.
  • There is no order as to costs.