Mthembu and Others v Snackworks and Another (D505/2021) [2025] ZALCD 29 (29 July 2025)

Mthembu and Others v Snackworks and Another (D505/2021) [2025] ZALCD 29 (29 July 2025)

The applicants failed to provide a reasonable and acceptable explanation for the lengthy delay in proceeding with their referral after the statement of response was delivered. The reasons advanced, including confusion over the CCMA rescission ruling and logistical difficulties, were found to be insufficient. The applicants did not supplement their papers or provide adequate detail to justify the delay. Furthermore, the applicants lack reasonable prospects of success in the main dispute, as they were temporary employees affected by retrenchment and the CCMA award relied upon does not convert their employment status to permanent. The interests of justice do not warrant condonation, and the...

Citation
[2025] ZALCD 29
Parties
Applicant: N. B. Mthembu; Applicant: Second and Further Applicants as listed in Annexure “A”; Respondent: Snackworks; Respondent: National Brands Limited (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
29 July 2025
Case Number
D505/2021
Procedural Posture
Urgent Application / Application for Retrieval of Archived File Under Labour Court Practice Manual
Outcome
Application for retrieval of archived file dismissed; no order as to costs.
Judges
Govind Bhikha
Legal Topics
Condonation, Retrieval of Archived File, Unfair Dismissal, Operational Requirements, Section 189a Lra, Practice Manual Procedure
Labour Law Condonation Retrieval of Archived File Unfair Dismissal Operational Requirements Section 189a Lra Practice Manual Procedure

Case Brief

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Parties

N. B. Mthembu

Applicant

Second and Further Applicants as listed in Annexure “A”

Applicant

Snackworks

Respondent

National Brands Limited (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Retrieval of Archived File Under Labour Court Practice Manual

Legal Issues

  1. 1 Whether the applicants have shown good cause for the retrieval of an archived file under Clause 16 of the Practice Manual.
  2. 2 Whether the explanation for the delay in proceeding with the referral is reasonable and acceptable.
  3. 3 Whether the applicants have reasonable prospects of success in the main unfair dismissal dispute.

Ratio Decidendi

The applicants failed to provide a reasonable and acceptable explanation for the lengthy delay in proceeding with their referral after the statement of response was delivered. The reasons advanced, including confusion over the CCMA rescission ruling and logistical difficulties, were found to be insufficient. The applicants did not supplement their papers or provide adequate detail to justify the delay. Furthermore, the applicants lack reasonable prospects of success in the main dispute, as they were temporary employees affected by retrenchment and the CCMA award relied upon does not convert their employment status to permanent. The interests of justice do not warrant condonation, and the...

Court Disposition

Application for retrieval of archived file dismissed; no order as to costs.

Orders

  • The application for retrieval is dismissed.
  • There shall be no order as to costs.