Ndou and Others v Colefax Trading (Pty) Ltd and Others (J1330/22) [2024] ZALCJHB 454 (20 November 2024)

Ndou and Others v Colefax Trading (Pty) Ltd and Others (J1330/22) [2024] ZALCJHB 454 (20 November 2024)

The court held that the Employment Equity Act does not define 'day' for the purposes of noting an appeal under s 10(8). Therefore, the Interpretation Act applies, and the 14-day period must be computed as calendar days, not court days. The appellants failed to file their appeal within the prescribed period, and their explanation for the delay was inadequate. However, the matter raises an important point of law regarding discrimination in the provision of benefits following a transfer of business. In the interests of justice, condonation for the late filing was granted, and the matter was placed on the opposed motion roll for determination of the substantive discrimination claim.

Citation
[2024] ZALCJHB 454
Parties
Applicant: Ntshundeni Ndou and 159 Others; Respondent: Colefax Trading (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Gcobisa Gosa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 November 2024
Case Number
J1330/22
Procedural Posture
Civil Appeal / Appeal Against CCMA Award Under S 10(8) of the Employment Equity Act
Outcome
Condonation for the late noting of the appeal is granted. The matter is placed on the opposed motion roll. Costs are reserved.
Judges
Seedat
Legal Topics
Employment Equity Act, Condonation, Discrimination, Computation of Days, Transfer of Business
Labour Law Civil Procedure Employment Equity Act Condonation Discrimination Computation of Days Transfer of Business

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Parties

Ntshundeni Ndou and 159 Others

Applicant

Colefax Trading (Pty) Ltd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Gcobisa Gosa

Respondent

Procedural Posture

Civil Appeal / Appeal Against CCMA Award Under S 10(8) of the Employment Equity Act

Legal Issues

  1. 1 Whether the appeal against the CCMA award was noted within the prescribed 14-day period under s 10(8) of the Employment Equity Act.
  2. 2 Whether the computation of days for noting an appeal is governed by the Interpretation Act or the Labour Court Rules.
  3. 3 Whether condonation should be granted for the late filing of the appeal.

Ratio Decidendi

The court held that the Employment Equity Act does not define 'day' for the purposes of noting an appeal under s 10(8). Therefore, the Interpretation Act applies, and the 14-day period must be computed as calendar days, not court days. The appellants failed to file their appeal within the prescribed period, and their explanation for the delay was inadequate. However, the matter raises an important point of law regarding discrimination in the provision of benefits following a transfer of business. In the interests of justice, condonation for the late filing was granted, and the matter was placed on the opposed motion roll for determination of the substantive discrimination claim.

Court Disposition

Condonation for the late noting of the appeal is granted. The matter is placed on the opposed motion roll. Costs are reserved.

Orders

  • The late noting of the appeal by the appellants is condoned.
  • This matter is to be placed on the opposed motion roll.