Danileyo v Indgro Outsourcing (Pty) Ltd (C785/16) [2018] ZALCCT 18 (10 May 2018)

Danileyo v Indgro Outsourcing (Pty) Ltd (C785/16) [2018] ZALCCT 18 (10 May 2018)

The Court found that the respondent failed to provide a reasonable and acceptable explanation for the excessive delay in filing its answering affidavit. The evidence showed that the departure of Mr Douglas was known among staff, and the respondent did not provide supporting evidence for its claims regarding its manager's schedule. The respondent's supplementary affidavit introduced new facts but did not adequately address the applicant's claim of being reinstated on less favourable terms. The Court concluded that the respondent had no reasonable prospects of success in the main application. As a result, condonation was refused, and the application to make the settlement agreement an order...

Citation
[2018] ZALCCT 18
Parties
Applicant: Nkululeko Danileyo; Respondent: Indgro Outsourcing (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
10 May 2018
Case Number
C785/16
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Answering Affidavit to Application to Make Settlement Agreement an Order of Court
Outcome
Condonation application dismissed; settlement agreement made an order of court; costs awarded against respondent.
Judges
Rabkin-Naicker
Legal Topics
Condonation, Settlement Agreement, Reinstatement, Costs Order
Labour Law Civil Procedure Condonation Settlement Agreement Reinstatement Costs Order

Case Brief

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Parties

Nkululeko Danileyo

Applicant

Indgro Outsourcing (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Answering Affidavit to Application to Make Settlement Agreement an Order of Court

Legal Issues

  1. 1 Whether the respondent has provided a reasonable and acceptable explanation for the excessive delay in filing its answering affidavit.
  2. 2 Whether the respondent has reasonable prospects of success in opposing the application to make the settlement agreement an order of court.
  3. 3 Whether the settlement agreement should be made an order of court.

Ratio Decidendi

The Court found that the respondent failed to provide a reasonable and acceptable explanation for the excessive delay in filing its answering affidavit. The evidence showed that the departure of Mr Douglas was known among staff, and the respondent did not provide supporting evidence for its claims regarding its manager's schedule. The respondent's supplementary affidavit introduced new facts but did not adequately address the applicant's claim of being reinstated on less favourable terms. The Court concluded that the respondent had no reasonable prospects of success in the main application. As a result, condonation was refused, and the application to make the settlement agreement an order...

Court Disposition

Condonation application dismissed; settlement agreement made an order of court; costs awarded against respondent.

Orders

  • The application for condonation is dismissed.
  • The settlement agreement under case number WECT 18061-16 is made an order of court.