Solidarity obo Strydom and Another v Albert Luthuli Municipality Council (JS 230/08) [2010] ZALC 2; (2010) 31 ILJ 1486 (LC) (14 January 2010)

Solidarity obo Strydom and Another v Albert Luthuli Municipality Council (JS 230/08) [2010] ZALC 2; (2010) 31 ILJ 1486 (LC) (14 January 2010)

The court found that the applicants' failure to serve notice in terms of the Institution of Legal Proceedings Against Certain Organs of State Act was due to ignorance and not disinterest, and that the respondent suffered no unreasonable prejudice as it was aware of the claims and had responded comprehensively. The applicants demonstrated good cause for the delay, and the statutory requirements for condonation were met. The arbitration clause in the employment contract did not oblige referral to arbitration unless invoked by written notice, which neither party did. The Labour Court has jurisdiction to adjudicate the contractual claims for severance pay, long service bonus, and pro-rated...

Citation
[2010] ZALC 2
Parties
Applicant: Solidarity obo Strydom & Another; Respondent: Albert Luthuli Municipality Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 January 2010
Case Number
JS 230/08
Procedural Posture
Condonation Application / Judgment on Condonation and Special Pleas
Outcome
Condonation granted for both parties' procedural failures; respondent's special pleas dismissed; no order as to costs.
Judges
Van Niekerk
Legal Topics
Institution of Legal Proceedings Against Organs of State Act, Condonation, Contractual Claims Under Bcea, Jurisdiction of Labour Court, Arbitration Clauses, Special Pleas
Labour Law Civil Procedure Institution of Legal Proceedings Against Organs of State Act Condonation Contractual Claims Under Bcea Jurisdiction of Labour Court Arbitration Clauses Special Pleas

Case Brief

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Parties

Solidarity obo Strydom & Another

Applicant

Albert Luthuli Municipality Council

Respondent

Procedural Posture

Condonation Application / Judgment on Condonation and Special Pleas

Legal Issues

  1. 1 Whether the applicants' failure to serve statutory notice in terms of the Institution of Legal Proceedings Against Certain Organs of State Act should be condoned.
  2. 2 Whether the respondent's late filing of its statement of response should be condoned.
  3. 3 Whether the Labour Court has jurisdiction to adjudicate the contractual claims for severance pay, long service bonus, and pro-rated performance bonus.

Ratio Decidendi

The court found that the applicants' failure to serve notice in terms of the Institution of Legal Proceedings Against Certain Organs of State Act was due to ignorance and not disinterest, and that the respondent suffered no unreasonable prejudice as it was aware of the claims and had responded comprehensively. The applicants demonstrated good cause for the delay, and the statutory requirements for condonation were met. The arbitration clause in the employment contract did not oblige referral to arbitration unless invoked by written notice, which neither party did. The Labour Court has jurisdiction to adjudicate the contractual claims for severance pay, long service bonus, and pro-rated...

Court Disposition

Condonation granted for both parties' procedural failures; respondent's special pleas dismissed; no order as to costs.

Orders

  • The application for condonation of the late filing of the respondent's statement of response is condoned.
  • The applicants' failure to serve a notice in terms of s 3 of the Institution of Legal Proceedings Against Certain Organs of State Act, 40 of 2002, is condoned.