NUPSAW obo Sesoma and Others v Component Services (Pty) Ltd (JS719/10) [2018] ZALCJHB 154 (16 February 2018)

NUPSAW obo Sesoma and Others v Component Services (Pty) Ltd (JS719/10) [2018] ZALCJHB 154 (16 February 2018)

The court found that the applicant's statement of claim dated 22 August 2017 was an irregular step or proceeding in terms of rule 30 and rule 30A of the Uniform Rules of Court, read with rule 11 of the Labour Court Rules. The applicant was not properly represented, and no substantive opposition or application for postponement was filed. The respondent established that the cited entity did not exist and that the applicant's representatives failed to comply with procedural requirements. Accordingly, the irregular step was set aside and the claim dismissed. The court declined to award costs, noting that the employee had been poorly served by his representatives.

Citation
[2018] ZALCJHB 154
Parties
Applicant: NUPSAW obo P Sesoma & 4 others; Respondent: Component Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 February 2018
Case Number
JS719/10
Procedural Posture
Rule 30 Application / Unopposed Application for Irregular Step Under Rule 30 and Rule 30 a
Outcome
Application granted; statement of claim declared irregular and dismissed; no order as to costs.
Judges
Steenkamp
Legal Topics
Irregular Proceedings, Statement of Claim, Trade Union Representation, Rule 30 Application
Labour Law Civil Procedure Irregular Proceedings Statement of Claim Trade Union Representation Rule 30 Application

Case Brief

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Parties

NUPSAW obo P Sesoma & 4 others

Applicant

Component Services (Pty) Ltd

Respondent

Procedural Posture

Rule 30 Application / Unopposed Application for Irregular Step Under Rule 30 and Rule 30 a

Legal Issues

  1. 1 Whether the applicant's statement of claim dated 22 August 2017 constitutes an irregular step or proceeding under rule 30 and rule 30A.
  2. 2 Whether the applicant is properly represented in the proceedings.
  3. 3 Whether the claim should be dismissed due to procedural irregularities.

Ratio Decidendi

The court found that the applicant's statement of claim dated 22 August 2017 was an irregular step or proceeding in terms of rule 30 and rule 30A of the Uniform Rules of Court, read with rule 11 of the Labour Court Rules. The applicant was not properly represented, and no substantive opposition or application for postponement was filed. The respondent established that the cited entity did not exist and that the applicant's representatives failed to comply with procedural requirements. Accordingly, the irregular step was set aside and the claim dismissed. The court declined to award costs, noting that the employee had been poorly served by his representatives.

Court Disposition

Application granted; statement of claim declared irregular and dismissed; no order as to costs.

Orders

  • The applicant’s statement of claim dated 22 August 2017 is declared to be an irregular step or proceeding in terms of rules 30 and 30A of the Uniform Rules of the High Court, read with rule 11 of the Rules for Conduct of Proceedings in the Labour Court.
  • The irregular step is set aside and the claim is dismissed.