Solane v Commission for Conciliation Mediation And Arbitration (J343/09, 344/09) [2010] ZALCJHB 79 (22 June 2010)

Solane v Commission for Conciliation Mediation And Arbitration (J343/09, 344/09) [2010] ZALCJHB 79 (22 June 2010)

The court found that both claims arose from the same facts and circumstances and involved the same parties, justifying consolidation. The respondent's application for condonation of the late filing of its answering affidavit was granted as the delay was not substantial, no prejudice was suffered by the applicant, and the prospects of success favoured the respondent. The applicant's travel claim was dismissed as the respondent had already paid the amounts claimed and the applicant was not entitled to further payment. The claim for particulars of employment was also dismissed as the applicant already possessed the relevant information and the relief sought was without merit. The...

Citation
[2010] ZALCJHB 79
Parties
Applicant: Solane Matoto Reuben; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 June 2010
Case Number
J343/09, 344/09
Procedural Posture
Urgent Application / Amended Ex Tempore Reasons Following Order Granted on 30 April 2010
Outcome
Application for consolidation granted; condonation for late filing of respondent's answering affidavit granted; applicant's consolidated claim dismissed; respondent's counter-claim succeeds; costs awarded against applicant's former attorneys de boniis propriis.
Judges
Bhoola
Legal Topics
Basic Conditions of Employment Act, Condonation, Costs De Boniis Propriis, Consolidation of Applications, Travel Expenses, Particulars of Employment
Labour Law Civil Procedure Basic Conditions of Employment Act Condonation Costs De Boniis Propriis Consolidation of Applications Travel Expenses Particulars of Employment

Case Brief

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Parties

Solane Matoto Reuben

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Urgent Application / Amended Ex Tempore Reasons Following Order Granted on 30 April 2010

Legal Issues

  1. 1 Whether the applicant is entitled to payment of travel expenses under section 77 of the BCEA.
  2. 2 Whether the applicant is entitled to an order compelling the respondent to provide employment particulars under section 31 read with section 78(1)(e) of the BCEA.
  3. 3 Whether the respondent's late filing of its answering affidavit should be condoned.

Ratio Decidendi

The court found that both claims arose from the same facts and circumstances and involved the same parties, justifying consolidation. The respondent's application for condonation of the late filing of its answering affidavit was granted as the delay was not substantial, no prejudice was suffered by the applicant, and the prospects of success favoured the respondent. The applicant's travel claim was dismissed as the respondent had already paid the amounts claimed and the applicant was not entitled to further payment. The claim for particulars of employment was also dismissed as the applicant already possessed the relevant information and the relief sought was without merit. The...

Court Disposition

Application for consolidation granted; condonation for late filing of respondent's answering affidavit granted; applicant's consolidated claim dismissed; respondent's counter-claim succeeds; costs awarded against applicant's former attorneys de boniis propriis.

Orders

  • The application for consolidation is granted on an unopposed basis.
  • Condonation is granted for the late filing of the respondent’s answering affidavit.