Mohale and Another v Allied Publishing Limited (JS281-18) [2021] ZALCJHB 108 (27 May 2021)

Mohale and Another v Allied Publishing Limited (JS281-18) [2021] ZALCJHB 108 (27 May 2021)

The court found that the applicants' explanation for the 62-day delay in filing the statement of case was unreasonable and lacked sufficient detail, particularly regarding the three-month period of inactivity. The applicants failed to provide a satisfactory account of their actions and could not rely on the negligence of their union as an excuse. The prejudice to the respondent, given the time elapsed and difficulty in adducing evidence, outweighed any prejudice to the applicants. As the explanation for the delay was insufficient, the prospects of success in the main claim became irrelevant. Consequently, condonation for the late filing was refused.

Citation
[2021] ZALCJHB 108
Parties
Applicant: Teenage Pilusa Mohale; Applicant: The individuals listed in Annexure "A"; Respondent: Allied Publishing Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
JS281-18
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statement of Case
Outcome
Condonation for the late filing of the statement of case is refused. The application is dismissed.
Judges
F Coetzee
Legal Topics
Condonation, Late Filing of Statement of Case, Unprotected Strike, Locus Standi, Mass Dismissal
Labour Law Civil Procedure Condonation Late Filing of Statement of Case Unprotected Strike Locus Standi Mass Dismissal

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Parties

Teenage Pilusa Mohale

Applicant

The individuals listed in Annexure "A"

Applicant

Allied Publishing Limited

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Statement of Case

Legal Issues

  1. 1 Whether the applicants have provided a reasonable and sufficient explanation for the 62-day delay in filing the statement of case.
  2. 2 Whether the applicants have prospects of success in the main claim for unfair dismissal.
  3. 3 Whether the first applicant has locus standi to represent the individuals listed in Annexure "A" in the condonation application.

Ratio Decidendi

The court found that the applicants' explanation for the 62-day delay in filing the statement of case was unreasonable and lacked sufficient detail, particularly regarding the three-month period of inactivity. The applicants failed to provide a satisfactory account of their actions and could not rely on the negligence of their union as an excuse. The prejudice to the respondent, given the time elapsed and difficulty in adducing evidence, outweighed any prejudice to the applicants. As the explanation for the delay was insufficient, the prospects of success in the main claim became irrelevant. Consequently, condonation for the late filing was refused.

Court Disposition

Condonation for the late filing of the statement of case is refused. The application is dismissed.

Orders

  • The application for condonation is dismissed.
  • There is no order as to costs.