Mandlazi v Ubuhle Bemvelo Plant Hire (JS212-20) [2021] ZALCJHB 88 (27 May 2021)

Mandlazi v Ubuhle Bemvelo Plant Hire (JS212-20) [2021] ZALCJHB 88 (27 May 2021)

The court found that the delay in filing the statement of claim was minimal (two days) and that the applicant provided a sufficient and reasonable explanation for the delay, primarily due to the conduct of his previous attorneys and the insurer. The applicant acted diligently once he became aware of the lack of...

Source-derived case information.

Citation
[2021] ZALCJHB 88
Parties
Applicant: Andrew Antonios Mandlazi; Respondent: Ubuhle Bemvelo Plant Hire
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
JS212-20
Procedural Posture
Condonation Application / Interlocutory
Outcome
Condonation for the late filing of the statement of claim is granted with no order as to costs.
Judges
F Coetzee
Legal Topics
Condonation, Late Filing, Unfair Retrenchment, Statement of Claim
Labour Law Condonation Late Filing Unfair Retrenchment Statement of Claim

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Summary, issues, holding and outcome

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Parties

Andrew Antonios Mandlazi

Applicant

Ubuhle Bemvelo Plant Hire

Respondent

Procedural Posture

Condonation Application / Interlocutory

Legal Issues

  1. 1 Whether the applicant has provided a sufficient and reasonable explanation for the late filing of the statement of claim.
  2. 2 Whether condonation for the late filing should be granted.
  3. 3 Whether the applicant has prospects of success in the main claim for unfair retrenchment.

Ratio Decidendi

The court found that the delay in filing the statement of claim was minimal (two days) and that the applicant provided a sufficient and reasonable explanation for the delay, primarily due to the conduct of his previous attorneys and the insurer. The applicant acted diligently once he became aware of the lack of progress. There was no prejudice to the respondent, and the applicant would be denied access to the court if condonation were refused. The applicant also demonstrated prospects of success in his claim for unfair retrenchment. Accordingly, condonation was granted.

Court Disposition

Condonation for the late filing of the statement of claim is granted with no order as to costs.

Orders

  • The late filing of the statement of claim is condoned.
  • There is no order as to costs.