Sithole v Schindler Lifts (SA) (Pty) Limited (JS478-19) [2021] ZALCJHB 115 (27 May 2021)

Sithole v Schindler Lifts (SA) (Pty) Limited (JS478-19) [2021] ZALCJHB 115 (27 May 2021)

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.

Citation
[2021] ZALCJHB 115
Parties
Applicant: Hlengiwe Sithole; Respondent: Schindler Lifts (SA) (Pty) Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 May 2021
Case Number
JS478-19
Procedural Posture
Labour Law Application / Point in Limine; Application for Condonation Not Ripe for Hearing
Outcome
Matter removed from the roll; no order as to costs.
Judges
F. Coetzee
Legal Topics
Condonation, Jurisdiction, Late Filing, Labour Relations Act
Labour Law Condonation Jurisdiction Late Filing Labour Relations Act

Case Brief

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Parties

Hlengiwe Sithole

Applicant

Schindler Lifts (SA) (Pty) Limited

Respondent

Procedural Posture

Labour Law Application / Point in Limine; Application for Condonation Not Ripe for Hearing

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction when the statement of case is served outside the prescribed 90-day period.
  2. 2 Whether the application for condonation is ripe for hearing.

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.

Orders

  • The matter is removed from the roll with no order as to costs.