Schoeman v Anglo American Platinum Limited (JS317/16) [2018] ZALCJHB 126 (20 March 2018)

Schoeman v Anglo American Platinum Limited (JS317/16) [2018] ZALCJHB 126 (20 March 2018)

The court found that while the applicant provided a reasonable and acceptable explanation for the delay between March 2016 and the filing of the statement of claim, the prospects of success in the unfair dismissal claim were lacking. The respondent's version, supported by the collective agreement extended to non-parties under section 23(1)(d) of the LRA, indicated that the applicant had waived any right to challenge the fairness of the retrenchment. Applying the respondent-friendly test, the court held that granting condonation in the absence of prospects of success would be futile and not in the interests of justice. Accordingly, no good cause existed for condonation.

Citation
[2018] ZALCJHB 126
Parties
Applicant: Ernest Theodoris Schoeman; Respondent: Anglo American Platinum Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2018
Case Number
JS317/16
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Statement of Claim in Unfair Dismissal Dispute
Outcome
Application for condonation dismissed with costs.
Judges
Lekale
Legal Topics
Condonation, Unfair Dismissal, Collective Agreement, Section 23 Lra, Section 189a Lra
Labour Law Civil Procedure Condonation Unfair Dismissal Collective Agreement Section 23 Lra Section 189a Lra

Case Brief

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Parties

Ernest Theodoris Schoeman

Applicant

Anglo American Platinum Limited

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Statement of Claim in Unfair Dismissal Dispute

Legal Issues

  1. 1 Whether good cause exists for condonation of the late filing of the statement of claim.
  2. 2 Whether the applicant has adequately explained the delay in filing.
  3. 3 Whether the applicant has prospects of success in the unfair dismissal claim.

Ratio Decidendi

The court found that while the applicant provided a reasonable and acceptable explanation for the delay between March 2016 and the filing of the statement of claim, the prospects of success in the unfair dismissal claim were lacking. The respondent's version, supported by the collective agreement extended to non-parties under section 23(1)(d) of the LRA, indicated that the applicant had waived any right to challenge the fairness of the retrenchment. Applying the respondent-friendly test, the court held that granting condonation in the absence of prospects of success would be futile and not in the interests of justice. Accordingly, no good cause existed for condonation.

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application is dismissed with costs.