Sequiera v SSH Design (Pty) Ltd (C519/2019) [2021] ZALCCT 74 (12 October 2021)

Sequiera v SSH Design (Pty) Ltd (C519/2019) [2021] ZALCCT 74 (12 October 2021)

The court found that the applicant failed to provide a reasonable and acceptable explanation for the excessive delay in referring her unfair dismissal dispute. The explanation offered was largely to blame her attorney, but the applicant herself was aware of the lateness and did not take sufficient steps to remedy it. The periods of delay were not adequately explained, and the court held that, in such circumstances, it is not necessary to consider the prospects of success in the main action. The application for condonation was therefore dismissed.

Citation
[2021] ZALCCT 74
Parties
Applicant: Charmaine Sequiera; Respondent: SSH Design (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
12 October 2021
Case Number
C519/2019
Procedural Posture
Condonation Application / Application for Condonation for Late Referral of Unfair Dismissal Dispute
Outcome
Application for condonation dismissed; referral in terms of Rule 6 dismissed; no order as to costs.
Judges
Rabkin-Naicker
Legal Topics
Condonation for Late Referral, Unfair Dismissal, Section 189a Retrenchment, Jurisdiction of Labour Court
Labour Law Civil Procedure Condonation for Late Referral Unfair Dismissal Section 189a Retrenchment Jurisdiction of Labour Court

Case Brief

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Parties

Charmaine Sequiera

Applicant

SSH Design (Pty) Ltd

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 and acceptable explanation for the excessive delay in referring her unfair dismissal dispute to the Labour Court.
  2. 2 Whether condonation for the late referral should be granted.
  3. 3 Whether the applicant's own conduct and that of her attorney justify the delay.

Ratio Decidendi

The court found that the applicant failed to provide a reasonable and acceptable explanation for the excessive delay in referring her unfair dismissal dispute. The explanation offered was largely to blame her attorney, but the applicant herself was aware of the lateness and did not take sufficient steps to remedy it. The periods of delay were not adequately explained, and the court held that, in such circumstances, it is not necessary to consider the prospects of success in the main action. The application for condonation was therefore dismissed.

Court Disposition

Application for condonation dismissed; referral in terms of Rule 6 dismissed; no order as to costs.

Orders

  • The application for condonation is dismissed.
  • The referral in terms of Rule 6 is dismissed.