Letsoalo v Boyce NO and Others (JR1873/09) [2015] ZALCJHB 94 (11 March 2015)

Letsoalo v Boyce NO and Others (JR1873/09) [2015] ZALCJHB 94 (11 March 2015)

The court found that the order dismissing the applicant's review application was erroneously sought, as the applicant's attorneys did not receive the notice of set down. The applicant's delay in bringing the rescission application was due to her attorney's misguided pursuit of reasons and a Rule 15 application, but these actions were not attributable to the applicant herself. The court held that attorney negligence should not be imputed to the applicant where she was blameless and unaware of the errors. Given the strong prospects of success on the rescission application and the absence of wilful default, condonation for the late filing was granted. The court rescinded the previous order...

Citation
[2015] ZALCJHB 94
Parties
Applicant: Sharon Letsoalo; Respondent: Timothy Boyce NO; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Master Currency (Pty) Ltd; Respondent: Bidvest Bank
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2015
Case Number
JR1873/09
Procedural Posture
Rescission Application / Application for Rescission and Condonation Following Dismissal of Review Application
Outcome
Rescission application and condonation granted; previous order rescinded; review application to be re-enrolled; costs awarded against third and fourth respondents.
Judges
Euijen
Legal Topics
Rescission of Judgment, Condonation, Service of Process, Attorney Negligence, Review Application
Labour Law Civil Procedure Rescission of Judgment Condonation Service of Process Attorney Negligence Review Application

Case Brief

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Parties

Sharon Letsoalo

Applicant

Timothy Boyce NO

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Master Currency (Pty) Ltd

Respondent

Bidvest Bank

Respondent

Procedural Posture

Rescission Application / Application for Rescission and Condonation Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant's rescission application should be granted under section 165(a) of the Labour Relations Act and Rule 16A due to an erroneous order.
  2. 2 Whether condonation for the late filing of the rescission application should be granted.
  3. 3 Whether the applicant's attorney's conduct and explanation for delay are sufficient to excuse the applicant.

Ratio Decidendi

The court found that the order dismissing the applicant's review application was erroneously sought, as the applicant's attorneys did not receive the notice of set down. The applicant's delay in bringing the rescission application was due to her attorney's misguided pursuit of reasons and a Rule 15 application, but these actions were not attributable to the applicant herself. The court held that attorney negligence should not be imputed to the applicant where she was blameless and unaware of the errors. Given the strong prospects of success on the rescission application and the absence of wilful default, condonation for the late filing was granted. The court rescinded the previous order...

Court Disposition

Rescission application and condonation granted; previous order rescinded; review application to be re-enrolled; costs awarded against third and fourth respondents.

Orders

  • Condonation for the late filing of the rescission application is granted.
  • The order of this Court dated 15 July 2010 under the above case number is rescinded in terms of section 165(a) of the Labour Relations Act, read with Rule 16A(1)(a).