Mtongana v Standard Bank SA (Pty) Ltd (PR 70/15) [2016] ZALCPE 15 (26 April 2016)

Mtongana v Standard Bank SA (Pty) Ltd (PR 70/15) [2016] ZALCPE 15 (26 April 2016)

The court found that the applicant provided a reasonable and adequate explanation for the delay in filing the review application, noting that the applicant did not simply sit back but took steps to ventilate his rights. The court was satisfied that the applicant has excellent prospects of success in the review, particularly regarding the refusal of postponement and the dismissal of the referral. The court held that the issue of the notice of motion's reference to the June 2013 ruling was irrelevant to the condonation application, as the applicant may amend his notice of motion after condonation is granted. In the interests of justice, condonation for the late filing of the review...

Citation
[2016] ZALCPE 15
Parties
Applicant: Zamuxolo Mtongana; Respondent: Standard Bank SA (Pty) Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
26 April 2016
Case Number
PR 70/15
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Review
Outcome
Condonation for the late filing of the review application is granted. The applicant is granted leave to launch a review application outside the prescribed six-week period. The respondent is ordered to pay the costs of the application.
Judges
Moshoana
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Postponement, Rescission Application
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Postponement Rescission Application

Case Brief

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Parties

Zamuxolo Mtongana

Applicant

Standard Bank SA (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Review

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the applicant provided a reasonable explanation for the delay.
  3. 3 Whether the applicant has prospects of success in the review application.

Ratio Decidendi

The court found that the applicant provided a reasonable and adequate explanation for the delay in filing the review application, noting that the applicant did not simply sit back but took steps to ventilate his rights. The court was satisfied that the applicant has excellent prospects of success in the review, particularly regarding the refusal of postponement and the dismissal of the referral. The court held that the issue of the notice of motion's reference to the June 2013 ruling was irrelevant to the condonation application, as the applicant may amend his notice of motion after condonation is granted. In the interests of justice, condonation for the late filing of the review...

Court Disposition

Condonation for the late filing of the review application is granted. The applicant is granted leave to launch a review application outside the prescribed six-week period. The respondent is ordered to pay the costs of the application.

Orders

  • Condonation for the late filing of the review application is hereby granted.
  • The applicant is granted leave to launch a review application outside the prescribed six-week period.