SAAWU v Everite Building Products (Pty) Ltd (D445/97) [1998] ZALC 142 (23 September 1998)

SAAWU v Everite Building Products (Pty) Ltd (D445/97) [1998] ZALC 142 (23 September 1998)

The court found that, although the explanation for the delay in filing was not entirely adequate on its own, it was sufficient when considered alongside the jurisdictional issue. The respondent's application for condonation was granted because there was a reasonable prospect of success on the jurisdictional point, based on the facts presented by the respondent. However, the applicant was given an opportunity to amend its papers to address the deficiencies, and the respondent was permitted to reply to any amendments. Costs for the day were awarded against the applicant.

Citation
[1998] ZALC 142
Parties
Applicant: SAAWU; Respondent: Everite Building Products (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 September 1998
Case Number
D445/97
Procedural Posture
Urgent Application / Application for Condonation and Jurisdictional Point in Limine
Outcome
Respondent's application for condonation granted. Applicant ordered to amend papers within 10 days if desired. Respondent may answer within 7 days of receipt of amended papers. Applicant to pay today's costs.
Judges
A A Landman
Legal Topics
Condonation of Late Filing, Jurisdiction of Labour Court, Amendment of Papers
Labour Law Condonation of Late Filing Jurisdiction of Labour Court Amendment of Papers

Case Brief

Summary, issues, holding and outcome

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Parties

SAAWU

Applicant

Everite Building Products (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Condonation and Jurisdictional Point in Limine

Legal Issues

  1. 1 Should the late filing of the notice of opposition and statement of response by the respondent be condoned.
  2. 2 Does the Labour Court have jurisdiction over the matter as raised in the respondent's point in limine.
  3. 3 Should the applicant be permitted to amend its papers to address deficiencies.

Ratio Decidendi

The court found that, although the explanation for the delay in filing was not entirely adequate on its own, it was sufficient when considered alongside the jurisdictional issue. The respondent's application for condonation was granted because there was a reasonable prospect of success on the jurisdictional point, based on the facts presented by the respondent. However, the applicant was given an opportunity to amend its papers to address the deficiencies, and the respondent was permitted to reply to any amendments. Costs for the day were awarded against the applicant.

Court Disposition

Respondent's application for condonation granted. Applicant ordered to amend papers within 10 days if desired. Respondent may answer within 7 days of receipt of amended papers. Applicant to pay today's costs.

Orders

  • The respondent's application for condonation is granted.
  • The applicant is ordered to amend its papers, if it so desires, within 10 days of today.