Manyaka v Diplomat Duty Free Suppliers (Pty) Ltd (J2762/00) [2001] ZALC 177 (18 October 2001)

Manyaka v Diplomat Duty Free Suppliers (Pty) Ltd (J2762/00) [2001] ZALC 177 (18 October 2001)

The court found that although the employer was grossly negligent in failing to respond to the notice of set down and in not seeking an extension of time, the union representative for the applicant failed to inform the court that a notice of opposition and statement of response had been served prior to the default judgment. This omission was material, as the court should have considered the opposition and condonation application before granting default judgment. The employer demonstrated a prima facie case and prospects of success. On this basis, the judgment by default was rescinded and the matter was ordered to be set down for hearing of the condonation application. No order as to costs...

Citation
[2001] ZALC 177
Parties
Applicant: Thabo B Manyaka; Respondent: Diplomat Duty Free Suppliers (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
18 October 2001
Case Number
J2762/00
Procedural Posture
Rescission Application / Application to Rescind Default Judgment
Outcome
Default judgment rescinded; matter to be set down for hearing of condonation application; no order as to costs.
Judges
A A Landman
Legal Topics
Rescission of Judgment, Wilful Default, Condonation, Unfair Dismissal
Labour Law Civil Procedure Rescission of Judgment Wilful Default Condonation Unfair Dismissal

Case Brief

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Parties

Thabo B Manyaka

Applicant

Diplomat Duty Free Suppliers (Pty) Ltd

Respondent

Procedural Posture

Rescission Application / Application to Rescind Default Judgment

Legal Issues

  1. 1 Whether the employer was in wilful default in failing to oppose the unfair dismissal application.
  2. 2 Whether the default judgment should be rescinded given the circumstances of service and response.
  3. 3 Whether the employer has prospects of success in the underlying unfair dismissal dispute.

Ratio Decidendi

The court found that although the employer was grossly negligent in failing to respond to the notice of set down and in not seeking an extension of time, the union representative for the applicant failed to inform the court that a notice of opposition and statement of response had been served prior to the default judgment. This omission was material, as the court should have considered the opposition and condonation application before granting default judgment. The employer demonstrated a prima facie case and prospects of success. On this basis, the judgment by default was rescinded and the matter was ordered to be set down for hearing of the condonation application. No order as to costs...

Court Disposition

Default judgment rescinded; matter to be set down for hearing of condonation application; no order as to costs.

Orders

  • The judgment granted on 13 September 2000 under case no. J2762/2000 is hereby rescinded.
  • The matter is to be enrolled for hearing of the application for condonation.