Jojo v Element Six Production (Pty) Ltd (JS138/19) [2019] ZALCJHB 101 (15 May 2019)

Jojo v Element Six Production (Pty) Ltd (JS138/19) [2019] ZALCJHB 101 (15 May 2019)

The court found that the applicant's delay in filing the statement of case was excessive and not adequately explained. The explanation provided was lacking in detail, unsupported by evidence, and failed to account for material periods of the delay. The applicant did not discharge the onus to show good cause or provide a compelling, convincing, and comprehensive explanation for the delay. In accordance with established legal principles, where there is no reasonable and acceptable explanation for the delay, prospects of success are immaterial. The prejudice to the respondent and the statutory objective of expeditious dispute resolution under the LRA outweighed any prejudice to the...

Citation
[2019] ZALCJHB 101
Parties
Applicant: Busisiwe Jojo; Respondent: Element Six Production (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 May 2019
Case Number
JS138/19
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statement of Case
Outcome
Application for condonation for the late filing of the statement of case dismissed.
Judges
Prinsloo
Legal Topics
Condonation, Unfair Dismissal, Retrenchment, Late Filing, Expeditious Resolution, Section 191 Lra
Labour Law Condonation Unfair Dismissal Retrenchment Late Filing Expeditious Resolution Section 191 Lra

Case Brief

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Parties

Busisiwe Jojo

Applicant

Element Six Production (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for the late filing of the statement of case.
  2. 2 Whether the degree of lateness and the explanation tendered justify the grant of condonation.
  3. 3 Whether the prospects of success are relevant in the absence of a satisfactory explanation for the delay.

Ratio Decidendi

The court found that the applicant's delay in filing the statement of case was excessive and not adequately explained. The explanation provided was lacking in detail, unsupported by evidence, and failed to account for material periods of the delay. The applicant did not discharge the onus to show good cause or provide a compelling, convincing, and comprehensive explanation for the delay. In accordance with established legal principles, where there is no reasonable and acceptable explanation for the delay, prospects of success are immaterial. The prejudice to the respondent and the statutory objective of expeditious dispute resolution under the LRA outweighed any prejudice to the...

Court Disposition

Application for condonation for the late filing of the statement of case dismissed.

Orders

  • The application for condonation for the late filing of the applicant’s statement of case is dismissed.
  • There is no order as to costs.