Kassie v First National Bank and Others (D 1271-13) [2020] ZALCD 7 (14 August 2020)

Kassie v First National Bank and Others (D 1271-13) [2020] ZALCD 7 (14 August 2020)

The applicant failed to provide a reasonable and compelling explanation for the substantial delay in filing her supplementary affidavit, having allowed the matter to languish for years without taking adequate steps to prosecute her review. The court found that the applicant, as dominis litis, bore responsibility for advancing her case and could not shift blame solely to her attorneys. The review application was further undermined by repeated, irregular filings and attempts to introduce new material not before the commissioner. On the merits, the commissioners award was supported by evidence of repeated falsification of bank documents by the applicant, who occupied a position of trust and...

Citation
[2020] ZALCD 7
Parties
Applicant: Sandhya Annitoodh Kassie; Respondent: First National Bank; Respondent: Commissioner L Sullivan; Respondent: CCMA
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
14 August 2020
Case Number
D 1271-13
Procedural Posture
Review Application / Judgment
Outcome
Application for condonation refused; review application dismissed.
Judges
Whitcher
Legal Topics
Unfair Dismissal, Condonation of Late Filing, Disciplinary Code, Inconsistency in Discipline, Review of Arbitration Award
Labour Law Unfair Dismissal Condonation of Late Filing Disciplinary Code Inconsistency in Discipline Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Sandhya Annitoodh Kassie

Applicant

First National Bank

Respondent

Commissioner L Sullivan

Respondent

CCMA

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for the delay in filing the supplementary affidavit.
  2. 2 Whether the review application should be condoned and allowed to proceed.
  3. 3 Whether the commissioners award upholding the dismissal was reasonable and fair.

Ratio Decidendi

The applicant failed to provide a reasonable and compelling explanation for the substantial delay in filing her supplementary affidavit, having allowed the matter to languish for years without taking adequate steps to prosecute her review. The court found that the applicant, as dominis litis, bore responsibility for advancing her case and could not shift blame solely to her attorneys. The review application was further undermined by repeated, irregular filings and attempts to introduce new material not before the commissioner. On the merits, the commissioners award was supported by evidence of repeated falsification of bank documents by the applicant, who occupied a position of trust and...

Court Disposition

Application for condonation refused; review application dismissed.

Orders

  • The late filing of the supplementary affidavit is not condoned.
  • The review application is dismissed.