Myburg and Others v Autonet (Passenger Services) and Another (C428/00) [2002] ZALC 75 (12 September 2002)

Myburg and Others v Autonet (Passenger Services) and Another (C428/00) [2002] ZALC 75 (12 September 2002)

The Labour Court held that while it may adopt High Court procedures under Rule 11(3) and (4), it is not necessary for litigants to seek leave for every application to amend pleadings. However, the applicants' proposed amendment introduced a substantially new cause of action—unfair discrimination and constructive dismissal—that had not been conciliated, failing to meet jurisdictional prerequisites. The explanation for the late filing of the reply was found to be wholly inadequate, given the applicants' legal representation and the factual background. The applicants had conceded the jurisdictional objection previously and failed to provide credible evidence that the true nature of the...

Citation
[2002] ZALC 75
Parties
Applicant: Andre Myburgh; Applicant: Pieter Paul Daniel Le Roux; Applicant: Armand Gerhardus Geldenhuys; Applicant: Christiaan Ernst Gerhardus Jordaan; Applicant: Raynard Hermy Mars; Respondent: Autonet (Passenger Services); Respondent: Autopax (Pty) Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 September 2002
Case Number
C428/00
Procedural Posture
Urgent Application / Application for Amendment of Statement of Claim and Condonation for Late Filing of Reply
Outcome
Application for amendment and condonation dismissed with costs.
Judges
Pillay
Legal Topics
Amendment of Pleadings, Jurisdictional Prerequisite, Condonation, Unfair Labour Practice, Constructive Dismissal
Labour Law Civil Procedure Amendment of Pleadings Jurisdictional Prerequisite Condonation Unfair Labour Practice Constructive Dismissal

Case Brief

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Parties

Andre Myburgh

Applicant

Pieter Paul Daniel Le Roux

Applicant

Armand Gerhardus Geldenhuys

Applicant

Christiaan Ernst Gerhardus Jordaan

Applicant

Raynard Hermy Mars

Applicant

Autonet (Passenger Services)

Respondent

Autopax (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Application for Amendment of Statement of Claim and Condonation for Late Filing of Reply

Legal Issues

  1. 1 Whether the Labour Court must grant leave before parties may invoke High Court Rule 28 for amendment of pleadings.
  2. 2 Whether the applicants' late filing of the reply should be condoned.
  3. 3 Whether the proposed amendment introduces a cause of action that has not been conciliated and thus fails to meet jurisdictional prerequisites.

Ratio Decidendi

The Labour Court held that while it may adopt High Court procedures under Rule 11(3) and (4), it is not necessary for litigants to seek leave for every application to amend pleadings. However, the applicants' proposed amendment introduced a substantially new cause of action—unfair discrimination and constructive dismissal—that had not been conciliated, failing to meet jurisdictional prerequisites. The explanation for the late filing of the reply was found to be wholly inadequate, given the applicants' legal representation and the factual background. The applicants had conceded the jurisdictional objection previously and failed to provide credible evidence that the true nature of the...

Court Disposition

Application for amendment and condonation dismissed with costs.

Orders

  • The application in which relief is sought in terms of paragraphs 1, 2 and 3 of the notice of motion is dismissed.
  • The applicants are to pay the costs.