Gordon v Pindulo VDM (Pty) Ltd (JS 1050/19) [2021] ZALCJHB 229 (4 August 2021)

Gordon v Pindulo VDM (Pty) Ltd (JS 1050/19) [2021] ZALCJHB 229 (4 August 2021)

The Court found that the delay in filing the statement of case was insignificantly minimal and excusable, with no demonstrable prejudice to the respondent. The applicant provided a satisfactory explanation for the delay. The main factual dispute concerns whether the termination was mutual or the result of coercion, which must be determined at trial. The interests of justice require that the applicant be allowed to pursue his claim, as he has reasonable prospects of success. Accordingly, condonation for the late filing is granted.

Citation
[2021] ZALCJHB 229
Parties
Applicant: Graig Gordon; Respondent: Pindulo VDM (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 August 2021
Case Number
JS 1050/19
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Statement of Case
Outcome
Condonation for the late filing of the statement of case is granted. No order as to costs.
Judges
G N Moshoana
Legal Topics
Condonation, Unfair Dismissal, Jurisdiction, Coercion, Mutual Termination, Section 191 Lra
Labour Law Condonation Unfair Dismissal Jurisdiction Coercion Mutual Termination Section 191 Lra

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

Graig Gordon

Applicant

Pindulo VDM (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Statement of Case

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late filing of the statement of case.
  2. 2 Whether the delay in filing was significant and excusable.
  3. 3 Whether the termination of employment was mutual or the result of coercion.

Ratio Decidendi

The Court found that the delay in filing the statement of case was insignificantly minimal and excusable, with no demonstrable prejudice to the respondent. The applicant provided a satisfactory explanation for the delay. The main factual dispute concerns whether the termination was mutual or the result of coercion, which must be determined at trial. The interests of justice require that the applicant be allowed to pursue his claim, as he has reasonable prospects of success. Accordingly, condonation for the late filing is granted.

Court Disposition

Condonation for the late filing of the statement of case is granted. No order as to costs.

Orders

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