Samuels v Old Mutual Bank (DA30/15) [2017] ZALAC 10; [2017] 7 BLLR 681 (LAC); (2017) 38 ILJ 1790 (LAC) (25 January 2017)

Samuels v Old Mutual Bank (DA30/15) [2017] ZALAC 10; [2017] 7 BLLR 681 (LAC); (2017) 38 ILJ 1790 (LAC) (25 January 2017)

The Labour Appeal Court found that the Practice Manual is binding and applies to review applications, regardless of when they were launched. The appellant demonstrated bona fides and took reasonable, diligent steps to prosecute her review application, with the delay primarily attributable to the CCMA's failure to provide a complete record. The evidence showed that the appellant was not responsible for the delay, and punishing her for circumstances beyond her control would be unjust. The appellant provided sufficient facts to establish reasonable prospects of success in the review application, and the interests of justice and fairness required that non-compliance be condoned. The Labour...

Citation
[2017] ZALAC 10
Parties
Appellant: Rumba Samuels; Respondent: Old Mutual Bank
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
25 January 2017
Case Number
DA30/15
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Application to Retrieve Archived File; Appellate Judgment
Outcome
Appeal upheld; order of the Labour Court set aside; appellant granted leave to proceed with the review application; costs awarded to appellant.
Judges
Tlaletsi, Ndlovu, Hlophe
Legal Topics
Practice Manual Binding Effect, Condonation, Archiving and Retrieval of Files, Review Application, Unfair Dismissal
Labour Law Civil Procedure Practice Manual Binding Effect Condonation Archiving and Retrieval of Files Review Application Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Rumba Samuels

Appellant

Old Mutual Bank

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Application to Retrieve Archived File; Appellate Judgment

Legal Issues

  1. 1 Whether the Labour Court erred in dismissing the application to retrieve the archived file for the review application.
  2. 2 Whether the Practice Manual is binding and applicable to review applications launched before its commencement.
  3. 3 Whether the appellant showed good cause for the retrieval of the file from the archives.

Ratio Decidendi

The Labour Appeal Court found that the Practice Manual is binding and applies to review applications, regardless of when they were launched. The appellant demonstrated bona fides and took reasonable, diligent steps to prosecute her review application, with the delay primarily attributable to the CCMA's failure to provide a complete record. The evidence showed that the appellant was not responsible for the delay, and punishing her for circumstances beyond her control would be unjust. The appellant provided sufficient facts to establish reasonable prospects of success in the review application, and the interests of justice and fairness required that non-compliance be condoned. The Labour...

Court Disposition

Appeal upheld; order of the Labour Court set aside; appellant granted leave to proceed with the review application; costs awarded to appellant.

Orders

  • The appeal is upheld with costs.
  • The order of the Labour Court is set aside and substituted with: 1. The applicant is granted leave to proceed with the review application. 2. The respondent is to pay costs.