Eskom Holdings SOC Ltd v Kgaile (JR 1440/17) [2021] ZALCJHB 8 (19 February 2021)

Eskom Holdings SOC Ltd v Kgaile (JR 1440/17) [2021] ZALCJHB 8 (19 February 2021)

The respondent failed to file the record of proceedings within the 60-day period prescribed by the Labour Court Practice Manual and did not seek consent or condonation for the late filing. In terms of clause 11.2.3, the review application is deemed withdrawn. There is no substantive application for reinstatement or condonation before the court. The respondent's objection to service by email is technically correct, but he received notice and was afforded an opportunity to respond, satisfying the purpose of the rules. As there is no review application properly before the court, the appropriate order is a declarator that the application is deemed withdrawn.

Citation
[2021] ZALCJHB 8
Parties
Applicant: Eskom Holdings SOC Ltd; Respondent: Ramokgele Johannes Kgaile
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 February 2021
Case Number
JR 1440/17
Procedural Posture
Review Application / Rule 11 Application to Dismiss Review
Outcome
The review application is deemed to have been withdrawn in terms of clause 11.2.3 of the Labour Court Practice Manual.
Judges
Van Niekerk
Legal Topics
Practice Manual Compliance, Review Application Withdrawal, Condonation, Service of Process
Labour Law Civil Procedure Practice Manual Compliance Review Application Withdrawal Condonation Service of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Eskom Holdings SOC Ltd

Applicant

Ramokgele Johannes Kgaile

Respondent

Procedural Posture

Review Application / Rule 11 Application to Dismiss Review

Legal Issues

  1. 1 Whether the respondent's review application should be dismissed due to failure to file the record within the prescribed period.
  2. 2 Whether the review application is deemed withdrawn under clause 11.2.3 of the Labour Court Practice Manual.
  3. 3 Whether service by email is valid for the purposes of this application.

Ratio Decidendi

The respondent failed to file the record of proceedings within the 60-day period prescribed by the Labour Court Practice Manual and did not seek consent or condonation for the late filing. In terms of clause 11.2.3, the review application is deemed withdrawn. There is no substantive application for reinstatement or condonation before the court. The respondent's objection to service by email is technically correct, but he received notice and was afforded an opportunity to respond, satisfying the purpose of the rules. As there is no review application properly before the court, the appropriate order is a declarator that the application is deemed withdrawn.

Court Disposition

The review application is deemed to have been withdrawn in terms of clause 11.2.3 of the Labour Court Practice Manual.

Orders

  • In terms of clause 11.2.3 of the practice manual, the application for review is deemed to have been withdrawn.