Ngwenya and Others v Inyoni Boerdery (Edms) Bpk (JS807/17) [2018] ZALCJHB 152 (27 March 2018)

Ngwenya and Others v Inyoni Boerdery (Edms) Bpk (JS807/17) [2018] ZALCJHB 152 (27 March 2018)

The court found that the applicants had acted diligently in pursuing their claim and that the delay in filing the statement of claim was directly attributable to the outcome of the review application and the need to obtain and transcribe the ex tempore judgment. The statement of claim was filed within a reasonable time after the judgment was made available and the jurisdictional implications explained. The applicants were not at fault for the initial referral to arbitration instead of the Labour Court. The explanation for the delay was compelling, and the prejudice to the applicants if condonation were refused would outweigh any prejudice to the respondent. The prospects of success were...

Citation
[2018] ZALCJHB 152
Parties
Applicant: Velaphi Ngwenya & 5 Others; Respondent: Inyoni Boerdery (Edms) Bpk
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 March 2018
Case Number
JS807/17
Procedural Posture
Condonation Application / Application for Condonation of Late Referral of Statement of Claim
Outcome
Condonation for the late filing of the applicants' statement of claim is granted.
Judges
Van Niekerk
Legal Topics
Condonation, Unfair Dismissal, Protected Disclosure, Jurisdiction, Automatic Unfair Dismissal
Labour Law Civil Procedure Condonation Unfair Dismissal Protected Disclosure Jurisdiction Automatic Unfair Dismissal

Case Brief

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Parties

Velaphi Ngwenya & 5 Others

Applicant

Inyoni Boerdery (Edms) Bpk

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Referral of Statement of Claim

Legal Issues

  1. 1 Whether the applicants have provided a reasonable and acceptable explanation for the delay in filing their statement of claim.
  2. 2 Whether the prospects of success are relevant given the explanation for the delay.
  3. 3 Whether the prejudice to the applicants outweighs any prejudice to the respondent.

Ratio Decidendi

The court found that the applicants had acted diligently in pursuing their claim and that the delay in filing the statement of claim was directly attributable to the outcome of the review application and the need to obtain and transcribe the ex tempore judgment. The statement of claim was filed within a reasonable time after the judgment was made available and the jurisdictional implications explained. The applicants were not at fault for the initial referral to arbitration instead of the Labour Court. The explanation for the delay was compelling, and the prejudice to the applicants if condonation were refused would outweigh any prejudice to the respondent. The prospects of success were...

Court Disposition

Condonation for the late filing of the applicants' statement of claim is granted.

Orders

  • The late filing of the applicants' statement of claim is condoned.