Sithole v Schindler Lifts (SA) (Pty) Limited (JS478-19) [2021] ZALCJHB 115 (27 May 2021)
- Citation
- [2021] ZALCJHB 115
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- F. Coetzee
- Case number
- JS478-19
More details
- Court
- Labour Court Johannesburg
- Panel
- F. Coetzee
- Case number
- JS478-19
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the respondent's point in limine regarding jurisdiction became moot because the applicant had served an application for condonation, which the respondent intends to oppose. Since the condonation application is not yet ripe for hearing, the matter cannot proceed. Accordingly, the matter is removed from the roll without any order as to costs.
Court disposition
Matter removed from the roll; no order as to costs.
Orders
- The matter is removed from the roll with no order as to costs.
02
Material facts
Parties
Hlengiwe Sithole
ApplicantSchindler Lifts (SA) (Pty) Limited
Respondent03
Procedural history
Posture
Labour Law Application / Point in Limine; Application for Condonation Not Ripe for Hearing
04
Questions and positions
Legal issues
- 01
Whether the Labour Court has jurisdiction when the statement of case is served outside the prescribed 90-day period.
- 02
Whether the application for condonation is ripe for hearing.
Party arguments
- Applicant
- The applicant served an application for condonation after failing to serve the statement of case within the 90-day period prescribed by the Labour Relations Act. The applicant seeks the court's indulgence to condone the late filing.
- Respondent
- The respondent raised a point in limine, contending that the statement of case was not served within the statutory 90-day period as required by section 191(11)(a) of the Labour Relations Act. The respondent intends to oppose the condonation application.
05
Court’s reasoning
Legal principles
- 01
Section 191(11)(a) Labour Relations Act 66 of 1995
A statement of case must be served within 90 days as prescribed by the Labour Relations Act.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the respondent's point in limine regarding jurisdiction became moot because the applicant had served an application for condonation, which the respondent intends to oppose. Since the condonation application is not yet ripe for hearing, the matter cannot proceed. Accordingly, the matter is removed from the roll without any order as to costs.
Court disposition
Matter removed from the roll; no order as to costs.
- The matter is removed from the roll with no order as to costs.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: JS478-19
In the matter between:
HLENGIWE
SITHOLE
Applicant
and
SCHINDLER LIFTS (SA) (PTY)
LIMITED Respondent
Heard: 25 May 2021
Delivered: This judgment was handed down electronically by circulation to the partiesâ representatives by email and release to SAFLII. The date and time for hand-down is deemed to be 10h00 on 27 May 2021.
Summary: Point in limine-no jurisdiction
JUDGMENT
COETZEE, AJ
[1] The respondent pleaded a point in limine. The respondent contends that the statement of case was not served with in the 90-day period as prescribed in the Labour Relations Act 66 of 1995[1].
[2] The applicant has now served an application for condonation which the respondent intends opposing. The point in limine becomes moot and the application for condonation is not ripe for hearing.
[3] The following order is hereby made:
Order
1. The matter is removed from the roll with no order as to costs.
F. Coetzee
Acting Judge of the Labour Court of South Africa
Appearances:
The matter has been determined on paper.
[1] Section 191(11)(a).
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.