Lekhoba v Tsebo Facilities Solutions Proprietary Limited (JS700/23) [2024] ZALCJHB 227 (12 June 2024)

Lekhoba v Tsebo Facilities Solutions Proprietary Limited (JS700/23) [2024] ZALCJHB 227 (12 June 2024)

The court held that the Labour Relations Act does not define 'days' for the purposes of section 191(11). Accordingly, the computation of the 90-day period must be done in accordance with the Interpretation Act, which prescribes calendar days unless the last day falls on a Sunday or public holiday. The court found no basis to depart from this method of calculation. As the applicant's statement of claim was filed outside the prescribed 90-day period, the respondent's special plea is upheld. The applicant is required to apply for condonation for the late filing of her statement of claim.

Citation
[2024] ZALCJHB 227
Parties
Applicant: Mamoloedi Martha Lekhoba; Respondent: Tsebo Facilities Solutions Proprietary Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2024
Case Number
JS700/23
Procedural Posture
Civil Judgment / Special Plea on Late Filing of Statement of Case
Outcome
Special plea upheld. Applicant ordered to apply for condonation for late filing. No order as to costs.
Judges
Reed
Legal Topics
Unfair Dismissal, Condonation, Computation of Days, Jurisdiction of Ccma
Labour Law Civil Procedure Unfair Dismissal Condonation Computation of Days Jurisdiction of Ccma

Case Brief

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Parties

Mamoloedi Martha Lekhoba

Applicant

Tsebo Facilities Solutions Proprietary Limited

Respondent

Procedural Posture

Civil Judgment / Special Plea on Late Filing of Statement of Case

Legal Issues

  1. 1 Whether the applicant's statement of case was filed within the 90-day period prescribed by section 191(11) of the Labour Relations Act.
  2. 2 Whether the reference to 'days' in section 191(11) of the Labour Relations Act means calendar days or court days.
  3. 3 Whether the applicant is required to apply for condonation for the late filing of her statement of claim.

Ratio Decidendi

The court held that the Labour Relations Act does not define 'days' for the purposes of section 191(11). Accordingly, the computation of the 90-day period must be done in accordance with the Interpretation Act, which prescribes calendar days unless the last day falls on a Sunday or public holiday. The court found no basis to depart from this method of calculation. As the applicant's statement of claim was filed outside the prescribed 90-day period, the respondent's special plea is upheld. The applicant is required to apply for condonation for the late filing of her statement of claim.

Court Disposition

Special plea upheld. Applicant ordered to apply for condonation for late filing. No order as to costs.

Orders

  • The special plea is upheld.
  • The applicant is ordered to apply for condonation for the late filing of her statement of claim.