Mudzwiri v Fidelity Security Services (Pty) Ltd (JS801/2018) [2021] ZALCJHB 352 (14 October 2021)

Mudzwiri v Fidelity Security Services (Pty) Ltd (JS801/2018) [2021] ZALCJHB 352 (14 October 2021)

The court found that the Respondent provided a persuasive and comprehensive explanation for the three-month delay in filing its statement of response, covering every period of the delay. The explanation included the Respondent's operational backlog, the need to locate and consult relevant employees, and the busy period at the end of the year. The court accepted the Applicant's version that the statement of claim was properly delivered. Regarding prospects of success, the court noted a factual dispute over whether the Applicant reported for duty in terms of the settlement agreements, which warranted further ventilation at trial. The court determined that the Respondent would suffer greater...

Citation
[2021] ZALCJHB 352
Parties
Applicant: Tshimangadzo Ronald Mudzwiri; Respondent: Fidelity Security Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 October 2021
Case Number
JS801/2018
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statement of Response
Outcome
Condonation for the late filing of the Respondent's statement of response is granted.
Judges
Nindi
Legal Topics
Condonation, Late Filing of Pleadings, Prospects of Success, Prejudice, Settlement Agreement
Labour Law Civil Procedure Condonation Late Filing of Pleadings Prospects of Success Prejudice Settlement Agreement

Case Brief

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Parties

Tshimangadzo Ronald Mudzwiri

Applicant

Fidelity Security Services (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent has provided a satisfactory explanation for the late filing of its statement of response.
  2. 2 Whether the Respondent has reasonable prospects of success in its defence.
  3. 3 Whether the Applicant will suffer prejudice if condonation is granted.

Ratio Decidendi

The court found that the Respondent provided a persuasive and comprehensive explanation for the three-month delay in filing its statement of response, covering every period of the delay. The explanation included the Respondent's operational backlog, the need to locate and consult relevant employees, and the busy period at the end of the year. The court accepted the Applicant's version that the statement of claim was properly delivered. Regarding prospects of success, the court noted a factual dispute over whether the Applicant reported for duty in terms of the settlement agreements, which warranted further ventilation at trial. The court determined that the Respondent would suffer greater...

Court Disposition

Condonation for the late filing of the Respondent's statement of response is granted.

Orders

  • The application for condonation for the late filing of the Respondent's statement of response is granted.
  • There is no order as to costs.