Sibanyoni v Trans African Projects (Pty) Ltd (JS385/16) [2018] ZALCJHB 214 (28 June 2018)

Sibanyoni v Trans African Projects (Pty) Ltd (JS385/16) [2018] ZALCJHB 214 (28 June 2018)

The applicant's statement of case was filed outside the prescribed 90-day period for referral to the Labour Court, with delays of more than ten months for the unfair dismissal claim and over four months for the unfair discrimination claim. The explanation provided for the delay was inadequate, lacking detail and failing to account for substantial periods. The applicant did not discharge the onus to show good cause or provide an acceptable and plausible explanation for the delay. In accordance with established legal principles, where there is an inordinate delay not satisfactorily explained, prospects of success are immaterial. The interests of justice and the statutory purpose of...

Citation
[2018] ZALCJHB 214
Parties
Applicant: Mapule Mushaisano Sibanyoni; Respondent: Trans African Projects (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
JS385/16
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Statement of Case
Outcome
Application for condonation for the late filing of the applicant's statement of case is dismissed.
Judges
Prinsloo
Legal Topics
Condonation, Unfair Dismissal, Unfair Discrimination, Employment Equity Act, Operational Requirements, Late Filing
Labour Law Condonation Unfair Dismissal Unfair Discrimination Employment Equity Act Operational Requirements Late Filing

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Parties

Mapule Mushaisano Sibanyoni

Applicant

Trans African Projects (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Statement of Case

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for the late filing of her statement of case.
  2. 2 Whether the degree of lateness and the explanation tendered justify the grant of condonation.
  3. 3 Whether the applicant's prospects of success are material in the absence of a satisfactory explanation for the delay.

Ratio Decidendi

The applicant's statement of case was filed outside the prescribed 90-day period for referral to the Labour Court, with delays of more than ten months for the unfair dismissal claim and over four months for the unfair discrimination claim. The explanation provided for the delay was inadequate, lacking detail and failing to account for substantial periods. The applicant did not discharge the onus to show good cause or provide an acceptable and plausible explanation for the delay. In accordance with established legal principles, where there is an inordinate delay not satisfactorily explained, prospects of success are immaterial. The interests of justice and the statutory purpose of...

Court Disposition

Application for condonation for the late filing of the applicant's statement of case is dismissed.

Orders

  • The application for condonation for the late filing of the applicant's statement of case is dismissed.
  • There is no order as to costs.