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

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

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.

Citation
[2024] ZALCJHB 72
Parties
Applicant: Collin Rababalela; Applicant: Xola Mvimbi; Applicant: Vuyani Mnguni; Applicant: Phila Gumede; Respondent: General Electric Transportation (Wabtec)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 January 2024
Case Number
JS1027-19
Procedural Posture
Civil Procedure / Pre Trial Conference
Outcome
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).
Judges
M. T. M. Phehane
Legal Topics
Pre Trial Conference, Practice Manual Archiving, Labour Court Rules
Labour Law Pre Trial Conference Practice Manual Archiving Labour Court Rules

Case Brief

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Parties

Collin Rababalela

Applicant

Xola Mvimbi

Applicant

Vuyani Mnguni

Applicant

Phila Gumede

Applicant

General Electric Transportation (Wabtec)

Respondent

Procedural Posture

Civil Procedure / Pre Trial Conference

Legal Issues

  1. 1 Whether the matter had been archived in terms of item 16 of the Practice Manual of the Labour Court.
  2. 2 Whether the parties were required to sign and file a pre-trial minute.
  3. 3 Whether the respondent's representative's absence affected the proceedings.

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.

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.