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South Africa Judgment

Labour Court Johannesburg

Rabalela and Others v General Electric Transportation (JS1027-19) [2024] ZALCJHB 72 (29 January 2024)

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Source document

01

Holding and result

The Court found that there was no record of the matter being archived by the Registrar as required by item 16 of the Practice Manual. The fact that the matter was set down for a pre-trial conference indicated that it was active and not archived. The respondent's representative failed to substantiate the claim of archiving and did not return to make submissions after being given an opportunity. Consequently, the Court ordered the parties to sign and file a pre-trial minute within seven days, failing which the matter would proceed in terms of rule 6(7). The reasons for the order were provided in response to the respondent's request.

Court disposition

Order issued directing the parties to sign and file a pre-trial minute within seven days, failing which the matter will proceed as contemplated in rule 6(7).

Orders

  • The parties are directed to sign and file a pre-trial minute within seven days of the order.
  • If the parties fail to sign and file the pre-trial minute within seven days, the matter will proceed as contemplated in rule 6(7) of the Rules for the Conduct of Proceedings in the Labour Court.

02

Material facts

Parties

Collin Rababalela

Applicant

Xola Mvimbi

Applicant

Vuyani Mnguni

Applicant

Phila Gumede

Applicant

General Electric Transportation (Wabtec)

Respondent

03

Procedural history

  1. Posture

    Civil Procedure / Pre Trial Conference

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants' representative expressed surprise at the respondent's assertion that the matter had been archived, indicating no prior knowledge or notice of such archiving. The applicants maintained that there was no record of archiving and that the matter was properly set down for a pre-trial conference.
Respondent
The respondent's representative submitted that the matter had been archived as contemplated in item 16 of the Practice Manual of the Labour Court, and implied that the matter should not proceed. However, the representative did not return to make further submissions after being given an opportunity to consider relevant case law.

05

Court’s reasoning

  1. 01

    Practice Manual of the Labour Court, item 16

    A matter is not considered archived unless there is a record of archiving by the Registrar, and if archived, it should not be set down for hearing.

  2. 02

    Rules for the Conduct of Proceedings in the Labour Court, rule 6(5) and rule 6(7)

    Parties are required to sign and file a pre-trial minute within the time stipulated by the Court, failing which the matter proceeds as contemplated in rule 6(7).

  3. 03

    Lebelo and 406 Others v City of Johannesburg (J2055/14) [2022] ZALCJHB 81 (22 March 2022)

    The absence of a party's representative without being excused does not automatically halt proceedings if proper notice and opportunity to be heard were provided.

06

Ratio, limits and disposition

Ratio decidendi

The Court found that there was no record of the matter being archived by the Registrar as required by item 16 of the Practice Manual. The fact that the matter was set down for a pre-trial conference indicated that it was active and not archived. The respondent's representative failed to substantiate the claim of archiving and did not return to make submissions after being given an opportunity. Consequently, the Court ordered the parties to sign and file a pre-trial minute within seven days, failing which the matter would proceed in terms of rule 6(7). The reasons for the order were provided in response to the respondent's request.

Obiter and limits

  • Had the file been archived, the matter would not have been set down for hearing.
  • The respondent's representative was given an opportunity to consider relevant case law but did not return to make submissions.
  • The Court expects parties to comply with procedural requirements and orders to ensure the efficient conduct of proceedings.

Court disposition

Order issued directing the parties to sign and file a pre-trial minute within seven days, failing which the matter will proceed as contemplated in rule 6(7).

  • The parties are directed to sign and file a pre-trial minute within seven days of the order.
  • If the parties fail to sign and file the pre-trial minute within seven days, the matter will proceed as contemplated in rule 6(7) of the Rules for the Conduct of Proceedings in the Labour Court.

Source and reliance status

Labour Court Johannesburg

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Judgment text

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Source document

Labour Court Johannesburg

Judgment

[2024] ZALCJHB 72

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case No: JS1027/19

In the matter between:

COLLIN

RABABALELA

First Applicant

XOLA

MVIMBI

Second Applicant

VUYANI

MNGUNI

Third Applicant

PHILA

GUMEDE

Fourth Applicant

and

GENERAL ELECTRIC TRANSPORTATION (WABTEC) Respondent

Heard: 09 March 2023

Delivered: 29 January 2024 (This judgment was handed down electronically by circulation to the parties’ legal representatives by email, publication on the Labour Court website and release to SAFLII. The date and time for handing-down is deemed to be 10h00 on 29 January 2024.)

REASONS

FOR ORDER

PHEHANE, J

[1] This matter was set down for a pre-trial conference before a Judge as contemplated in rule 6(5) of the Rules for the Conduct of Proceedings in the Labour Court. The parties were issued with a set down notice to attend a pre-trial conference before a Judge on 9 March 2023. A draft and unsigned pre-trial minute was in the Court file.

[2] On the hearing date, the respondent’s representative submitted that the matter had been archived as contemplated in item 16 of the Practice Manual of this Court,[1] at which the applicant’s representative expressed utter surprise.

[3] There is no record of any archiving of the file by the Registrar of this Court as contemplated in item 16 of the Practice Manual. Had the file been archived, the matter would not have been set down for hearing. I enquired from the respondent’s representative if he had an opportunity to read and consider the judgement of this Court per Moshoana J on the archiving of files.[2] The matter stood down to afford him the opportunity to read and consider the judgment, after which, the matter would be recalled and the parties would be given an opportunity to make submissions.

[4] When the matter was recalled, the respondent’s representative did not reappear and had not been excused by the Court.

[5] I was not persuaded that the matter had been archived. In the circumstances, an order was issued directing the parties to sign and file a pre-trial minute within seven days of the order, failing which, the matter would proceed as contemplated in rule 6(7).

[6] The respondent apparently sought reasons for my order in a letter dated 22 March 2023 which letter did not come to my attention. A follow-up letter dated 25 April 2023 was sent requesting the reasons.

[7] The reasons for the order are as aforesaid.

M. T. M. Phehane

Judge of the Labour Court of South Africa

[1] Effective 2 April 2013.

[2] Lebelo and 406 Others v City of Johannesburg (J2055/14) [2022] ZALCJHB 81 (22 March 2022).

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Lebelo and 406 Others v City of Johannesburg (J2055/14) [2022] ZALCJHB 81 (22 March 2022)

Case cited

Practice Manual of the Labour Court, item 16

Legislation

Legislation referenced in the available case record.

Rules for the Conduct of Proceedings in the Labour Court, rule 6(5)

Legislation

Legislation referenced in the available case record.

Rules for the Conduct of Proceedings in the Labour Court, rule 6(7)

Legislation

Legislation referenced in the available case record.

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