Lambert-Williams v Sign Company Sign writers (Pty) Ltd (JA73/98) [1999] ZALAC 33 (24 June 1999)

Lambert-Williams v Sign Company Sign writers (Pty) Ltd (JA73/98) [1999] ZALAC 33 (24 June 1999)

The attorneys for the appellant acted without authority in prosecuting the appeal and applying for condonation of the late filing of the record. The appellant had disappeared for a year, failed to respond to correspondence, and did not pay for the record as promised. The attorneys did not consult the appellant regarding the condonation application and proceeded without instructions. In these circumstances, there was no valid application for condonation, and the attorneys must bear the consequences of acting without authority. The appeal was struck off the roll, and costs de bonis propriis were awarded against the attorneys.

Citation
[1999] ZALAC 33
Parties
Appellant: Nicholas Antony Lambert-Williams; Respondent: Sign Company Sign writers (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
24 June 1999
Case Number
JA73/98
Procedural Posture
Civil Appeal / Appeal Against Finding of Industrial Court Regarding Employer Identity and Condonation Application.
Outcome
Appeal struck off the roll; costs de bonis propriis awarded against appellant's attorneys.
Judges
Ngcobo, Conradie, Nicholson
Legal Topics
Unfair Dismissal, Authority of Attorney, Condonation of Late Filing, Costs De Bonis Propriis
Labour Law Civil Procedure Unfair Dismissal Authority of Attorney Condonation of Late Filing Costs De Bonis Propriis

Case Brief

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Parties

Nicholas Antony Lambert-Williams

Appellant

Sign Company Sign writers (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Finding of Industrial Court Regarding Employer Identity and Condonation Application.

Legal Issues

  1. 1 Whether the attorneys had authority to proceed with the appeal and make the application for condonation of late filing of the record.
  2. 2 Whether the respondent was the employer of the appellant.
  3. 3 Whether costs de bonis propriis should be awarded against the attorneys.

Ratio Decidendi

The attorneys for the appellant acted without authority in prosecuting the appeal and applying for condonation of the late filing of the record. The appellant had disappeared for a year, failed to respond to correspondence, and did not pay for the record as promised. The attorneys did not consult the appellant regarding the condonation application and proceeded without instructions. In these circumstances, there was no valid application for condonation, and the attorneys must bear the consequences of acting without authority. The appeal was struck off the roll, and costs de bonis propriis were awarded against the attorneys.

Court Disposition

Appeal struck off the roll; costs de bonis propriis awarded against appellant's attorneys.

Orders

  • The appeal is struck off the roll.
  • The firm of attorneys Snyman & van Heerden is ordered to pay the respondent's costs de bonis propriis.