Sarumi v Apmath Group Andrology Department (JS682/18) [2021] ZALCJHB 232 (12 August 2021)

Sarumi v Apmath Group Andrology Department (JS682/18) [2021] ZALCJHB 232 (12 August 2021)

The court found that the applicant, a self-represented lay litigant, reasonably believed the CCMA was seized with her dispute until the jurisdictional ruling was delivered. Her explanation for the initial delay in referral was accepted as bona fide and reasonable. The subsequent delay in bringing the condonation application was explained by her lack of awareness of the requirement, which only became clear when the matter was set down for trial and explained by the presiding judge. The court applied a flexible approach, considering the interests of justice and the applicant's reasonable prospects of success. The prejudice to the applicant if condonation was refused outweighed any prejudice...

Citation
[2021] ZALCJHB 232
Parties
Applicant: Temitayo Kafayat Sarumi; Respondent: Apmath Group – Andrology Department
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 August 2021
Case Number
JS682/18
Procedural Posture
Condonation Application / Application for Condonation for Late Referral of Unfair Dismissal Dispute
Outcome
Condonation for the late referral of the applicant's unfair dismissal dispute to the Labour Court is granted.
Judges
K Naidoo
Legal Topics
Condonation, Unfair Dismissal, Automatic Unfair Dismissal, Late Referral, Self Represented Litigant
Labour Law Condonation Unfair Dismissal Automatic Unfair Dismissal Late Referral Self Represented Litigant

Case Brief

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Parties

Temitayo Kafayat Sarumi

Applicant

Apmath Group – Andrology Department

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Referral of Unfair Dismissal Dispute

Legal Issues

  1. 1 Whether the applicant has provided a reasonable explanation for the late referral of her unfair dismissal dispute to the Labour Court.
  2. 2 Whether the applicant's prospects of success justify the granting of condonation.
  3. 3 Whether the interests of justice require condonation to be granted despite the delay.

Ratio Decidendi

The court found that the applicant, a self-represented lay litigant, reasonably believed the CCMA was seized with her dispute until the jurisdictional ruling was delivered. Her explanation for the initial delay in referral was accepted as bona fide and reasonable. The subsequent delay in bringing the condonation application was explained by her lack of awareness of the requirement, which only became clear when the matter was set down for trial and explained by the presiding judge. The court applied a flexible approach, considering the interests of justice and the applicant's reasonable prospects of success. The prejudice to the applicant if condonation was refused outweighed any prejudice...

Court Disposition

Condonation for the late referral of the applicant's unfair dismissal dispute to the Labour Court is granted.

Orders

  • The application for condonation for the late referral of the applicant’s unfair dismissal dispute to this court is condoned.
  • There is no order as to costs.