Ntshangase v Keystone Milling Co (Pty) Ltd (JS378/19) [2020] ZALCJHB 205 (1 September 2020)

Ntshangase v Keystone Milling Co (Pty) Ltd (JS378/19) [2020] ZALCJHB 205 (1 September 2020)

The court found that the delay in referral was just over a month, which is not excessive. Although the applicant's explanation was not supported by affidavits, there was no evidence to suggest dishonesty. The applicant demonstrated some prospects of success, particularly regarding procedural fairness, as the dismissal document did not confirm a disciplinary hearing. The prejudice to the applicant in being denied access to the Labour Court was considered significant. Balancing all factors, the court held that condonation should be granted.

Citation
[2020] ZALCJHB 205
Parties
Applicant: Ntandazo Ntshangase; Respondent: Keystone Milling Co (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 September 2020
Case Number
JS378/19
Procedural Posture
Condonation Application / Application for Condonation of Late Referral
Outcome
Condonation for the late referral of the statement of case is granted. No order as to costs.
Judges
F. Coetzee
Legal Topics
Condonation, Late Referral, Unfair Dismissal, Procedural Fairness
Labour Law Condonation Late Referral Unfair Dismissal Procedural Fairness

Case Brief

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Parties

Ntandazo Ntshangase

Applicant

Keystone Milling Co (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Referral

Legal Issues

  1. 1 Whether the applicant has provided a sufficient explanation for the late referral of his statement of case.
  2. 2 Whether the applicant has prospects of success in the main claim for unfair dismissal.
  3. 3 Whether the prejudice to the applicant outweighs the prejudice to the respondent.

Ratio Decidendi

The court found that the delay in referral was just over a month, which is not excessive. Although the applicant's explanation was not supported by affidavits, there was no evidence to suggest dishonesty. The applicant demonstrated some prospects of success, particularly regarding procedural fairness, as the dismissal document did not confirm a disciplinary hearing. The prejudice to the applicant in being denied access to the Labour Court was considered significant. Balancing all factors, the court held that condonation should be granted.

Court Disposition

Condonation for the late referral of the statement of case is granted. No order as to costs.

Orders

  • The late referral of the statement of case is condoned.
  • There is no order as to costs.