SACWU obo Ndlozi v Karbochem (Pty) Ltd (JS438/10) [2018] ZALCJHB 128 (20 March 2018)

SACWU obo Ndlozi v Karbochem (Pty) Ltd (JS438/10) [2018] ZALCJHB 128 (20 March 2018)

The court found that while the delay in applying for condonation of the condonation application itself was attributable to the applicant's previous attorneys and not to the applicant's member, and thus condonation was granted for that aspect, the delay in filing the statement of claim was excessive and unexplained. The applicant failed to provide any adequate explanation for the delay, and the member contributed to the default by failing to maintain contact with the union for over four years. The absence of a proper explanation rendered it unnecessary to consider prospects of success. Applying the respondent-friendly test in motion proceedings, the court held that it was not in the...

Citation
[2018] ZALCJHB 128
Parties
Applicant: SACWU obo Peter Ndlozi; Respondent: Karbochem (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2018
Case Number
JS438/10
Procedural Posture
Condonation Application / Judgment on Condonation Applications
Outcome
Condonation for the late filing of the condonation application is granted without costs; condonation for the late filing of the statement of claim is dismissed with costs.
Judges
LJ Lekale
Legal Topics
Condonation, Late Filing, Statement of Claim, Prospects of Success, Prejudice, Costs Order
Labour Law Civil Procedure Condonation Late Filing Statement of Claim Prospects of Success Prejudice Costs Order

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Parties

SACWU obo Peter Ndlozi

Applicant

Karbochem (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Judgment on Condonation Applications

Legal Issues

  1. 1 Whether good cause exists for condonation of the late application for condonation of the late delivery of the statement of claim.
  2. 2 If condonation for the late condonation application is granted, whether good cause exists for condonation of the late filing of the statement of claim.

Ratio Decidendi

The court found that while the delay in applying for condonation of the condonation application itself was attributable to the applicant's previous attorneys and not to the applicant's member, and thus condonation was granted for that aspect, the delay in filing the statement of claim was excessive and unexplained. The applicant failed to provide any adequate explanation for the delay, and the member contributed to the default by failing to maintain contact with the union for over four years. The absence of a proper explanation rendered it unnecessary to consider prospects of success. Applying the respondent-friendly test in motion proceedings, the court held that it was not in the...

Court Disposition

Condonation for the late filing of the condonation application is granted without costs; condonation for the late filing of the statement of claim is dismissed with costs.

Orders

  • The application for condonation of the late filing of the condonation application is condoned without an order as to costs.
  • The application for condonation of the late filing of the statement of claim is dismissed with costs.