Pakiry v Extreme Cosmetics (JS 943/09) [2011] ZALCJHB 256 (28 February 2011)
- Citation
- [2011] ZALCJHB 256
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Molahlehi
- Case number
- JS 943/09
More details
- Court
- Labour Court Johannesburg
- Panel
- Molahlehi
- Case number
- JS 943/09
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the delay of 26 days in filing the statement of case was not excessive and that the applicant provided a reasonable and acceptable explanation for the delay, including the withdrawal of her previous attorney and the process of obtaining legal insurance. The applicant took active steps to expedite the matter. Accordingly, condonation for the late filing was granted. Costs were awarded to follow the result.
Court disposition
Condonation for the late filing of the statement of case is granted with costs.
Orders
- The late filing of the statement of case is condoned.
- Costs are awarded in favour of the applicant.
02
Material facts
Parties
Shamani Pakiry
Applicant Counsel: F. BezuidenhoutExtreme Cosmetics
Respondent03
Procedural history
Posture
Condonation Application / Order on Condonation for Late Filing of Statement of Case
04
Questions and positions
Legal issues
- 01
Whether the applicant has shown good cause for the late filing of the statement of case.
- 02
Whether the delay of 26 days in filing the statement of case should be condoned.
- 03
Whether costs should follow the result of the condonation application.
Party arguments
- Applicant
- The applicant explained the delay as resulting from the withdrawal of her previous attorney and the need to obtain legal insurance cover. She made repeated efforts to expedite the process by contacting her attorneys and the legal insurance provider.
- Respondent
- The respondent opposed condonation, arguing that the applicant failed to show any good cause for the delay and that condonation should be refused.
05
Court’s reasoning
Legal principles
- 01
Labour Relations Act, s 191(1)(a) and (b)
Condonation may be granted where the delay is not excessive and the explanation for the delay is reasonable and acceptable.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the delay of 26 days in filing the statement of case was not excessive and that the applicant provided a reasonable and acceptable explanation for the delay, including the withdrawal of her previous attorney and the process of obtaining legal insurance. The applicant took active steps to expedite the matter. Accordingly, condonation for the late filing was granted. Costs were awarded to follow the result.
Obiter and limits
- The absence of the respondent at the hearing did not affect the opposed nature of the application, as opposing affidavits had been filed.
Court disposition
Condonation for the late filing of the statement of case is granted with costs.
- The late filing of the statement of case is condoned.
- Costs are awarded in favour of the applicant.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Order
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
AT JOHANNESBURG
Case No: JS 943/09
DATE: 28 FEBRUARY 2011
SHAMANI PAKIRY......................................................................Appellant
And
EXTREME COSMETICS......................................................Respondent
REASONS FOR
THE ORDER
Molahlehi J
Introduction
[1] This is an application for the late filing of the statement of case, filed in terms of s 191(1) (a) and (b) of the LRA. Although the respondent did not attend court on the 28 February 2011 when the condonation application was heard, it had filed the opposing
affidavits. The matter is therefore treated as opposed.
[2] The respondent contends that condonation should be refused because the applicant has failed to show any good cause for the delay.
[3] The delay in filing the statement of case is about 26 days late. The essence of the explanation for the delay is that:
1) After the issuing of the statement of case the applicant repeatedly contacted her attorney to enquire about the progress in the matter. That attorney withdrew and the applicant had to instruct the current attorney of record.
2) The other reason for the delay is attributed to obtaining the insurance cover from Legal Wise.
[4] Having regard to all the relevant legal factors in the consideration of a condonation application, I am satisfied that the applicant has made out a case for condonation. The reasons are:
1) The delay in the circumstances of this case is not excessive.
2) The explanation tendered is reasonable and acceptable particularly taking into account that the applicant did take steps to seek to have his attorney expedite the process. She phoned her previous attorney, and the legal insurance to find out about progress.
[5] I see no reason why costs should not follow the results.
[6] In the premises the late filing of the statement of case is condoned with costs.
JUDGE
OF THE LABOUR COURT OF SOUTH AFRICA
Date of Hearing: 28 February 2011
Date of Judgment : February 2011
Appearances:
For the applicant: Adv. F. Bezuidenhout
For the respondents: No appearance
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.