Nene v Shibo Saravan Bhava Palace (Pty) Ltd t/a KK Logistics (D1420/19) [2021] ZALCD 61 (19 August 2021)

Nene v Shibo Saravan Bhava Palace (Pty) Ltd t/a KK Logistics (D1420/19) [2021] ZALCD 61 (19 August 2021)

The applicant failed to provide any explanation for the period of delay between the expiry of the 90-day referral period and the actual filing of the dispute with the Labour Court. The only explanation offered related to the initial confusion about the appropriate forum, which was resolved well before the default period commenced. The absence of any account for the critical period precludes the court from exercising its discretion in favour of condonation, regardless of the applicant's prospects of success. The application for condonation must therefore be dismissed.

Citation
[2021] ZALCD 61
Parties
Applicant: Thembuyise Funokwakhe Nene; Respondent: Shibo Saravan Bhava Palace (Pty) Ltd t/a KK Logistics
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
19 August 2021
Case Number
D1420/19
Procedural Posture
Condonation Application / Application for Condonation of Late Referral to Labour Court
Outcome
Application for condonation dismissed.
Judges
MG Maeso
Legal Topics
Condonation, Unfair Dismissal, Late Referral, Section 191 Lra
Labour Law Civil Procedure Condonation Unfair Dismissal Late Referral Section 191 Lra

Case Brief

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Parties

Thembuyise Funokwakhe Nene

Applicant

Shibo Saravan Bhava Palace (Pty) Ltd t/a KK Logistics

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Referral to Labour Court

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of the late referral of his unfair dismissal dispute to the Labour Court.
  2. 2 Whether the explanation for the delay is adequate and reasonable.
  3. 3 Whether the absence of an explanation for the default period precludes condonation.

Ratio Decidendi

The applicant failed to provide any explanation for the period of delay between the expiry of the 90-day referral period and the actual filing of the dispute with the Labour Court. The only explanation offered related to the initial confusion about the appropriate forum, which was resolved well before the default period commenced. The absence of any account for the critical period precludes the court from exercising its discretion in favour of condonation, regardless of the applicant's prospects of success. The application for condonation must therefore be dismissed.

Court Disposition

Application for condonation dismissed.

Orders

  • The application for condonation is dismissed.
  • There is no order as to costs.