Potgieter v Technical Support Service International (Pty) Ltd and Another (JS367/2017) [2021] ZALCJHB 353 (8 October 2021)

Potgieter v Technical Support Service International (Pty) Ltd and Another (JS367/2017) [2021] ZALCJHB 353 (8 October 2021)

The court found that the second respondent provided a detailed and reasonable explanation for the delay in filing its notice to oppose and answering affidavit, primarily due to difficulties in obtaining necessary documentation from the first respondent during the festive season. The court accepted that the second respondent was not the employer of the applicant and that there was no real prejudice to the applicant if condonation was granted. Considering the length of the delay, the explanation provided, the absence of prejudice, and the prospects of success, the court condoned the late filing of the notice to oppose and answering affidavit.

Citation
[2021] ZALCJHB 353
Parties
Applicant: Nicholas J Potgieter; Respondent: Technical Support Service International (Pty) Ltd; Respondent: ZTE Corporation SA (Pty) Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 October 2021
Case Number
JS367/2017
Procedural Posture
Condonation Application / Application to Condone Late Filing of Answering Affidavit
Outcome
The application for condonation by the second respondent is granted with no order as to costs.
Judges
F. Coetzee
Legal Topics
Condonation, Late Filing of Answering Affidavit, Unfair Dismissal, Operational Requirements, Temporary Employment Service
Labour Law Condonation Late Filing of Answering Affidavit Unfair Dismissal Operational Requirements Temporary Employment Service

Case Brief

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Parties

Nicholas J Potgieter

Applicant

Technical Support Service International (Pty) Ltd

Respondent

ZTE Corporation SA (Pty) Limited

Respondent

Procedural Posture

Condonation Application / Application to Condone Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether the second respondent's late filing of its notice to oppose and answering affidavit should be condoned.
  2. 2 Whether the second respondent was ever the employer of the applicant.
  3. 3 Whether the applicant suffered prejudice due to the late filing.

Ratio Decidendi

The court found that the second respondent provided a detailed and reasonable explanation for the delay in filing its notice to oppose and answering affidavit, primarily due to difficulties in obtaining necessary documentation from the first respondent during the festive season. The court accepted that the second respondent was not the employer of the applicant and that there was no real prejudice to the applicant if condonation was granted. Considering the length of the delay, the explanation provided, the absence of prejudice, and the prospects of success, the court condoned the late filing of the notice to oppose and answering affidavit.

Court Disposition

The application for condonation by the second respondent is granted with no order as to costs.

Orders

  • The second respondent's (ZTE Corporation) application for condonation is granted.
  • No order as to costs.