Thobakgale and Others v Manganyi and Others (JR1465/18) [2024] ZALCJHB 435 (8 November 2024)

Thobakgale and Others v Manganyi and Others (JR1465/18) [2024] ZALCJHB 435 (8 November 2024)

The court found that the applicants' delay in filing the Rule 7A(8)(b) notice was not fatal to their case, as the interests of justice and the right to a fair hearing outweighed any technical non-compliance. The third respondent failed to demonstrate substantial prejudice that would result from granting condonation. The court emphasised that dismissing the review application on a technicality would undermine the applicants' constitutional rights and the purpose of the Labour Relations Act. Accordingly, condonation was granted to allow the matter to be heard on its merits.

Citation
[2024] ZALCJHB 435
Parties
Applicant: Phumudzo Thobakgale and 6 Others; Respondent: Commissioner T G Manganyi; Respondent: Statutory Council Printing, Newspaper & Packaging Industries; Respondent: Sprint Packaging (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 November 2024
Case Number
JR1465/18
Procedural Posture
Interlocutory Application / Condonation for Late Filing of Rule 7 A(8)(b) Notice in Review Application
Outcome
Condonation for the late filing of the Rule 7A(8)(b) notice is granted. The matter is case managed for the review application to be heard before the same judge.
Judges
Morgan
Legal Topics
Condonation, Review Application, Unfair Dismissal, Rule 7a Labour Court, Access to Court
Labour Law Civil Procedure Condonation Review Application Unfair Dismissal Rule 7a Labour Court Access to Court

Case Brief

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Parties

Phumudzo Thobakgale and 6 Others

Applicant

Commissioner T G Manganyi

Respondent

Statutory Council Printing, Newspaper & Packaging Industries

Respondent

Sprint Packaging (Pty) Ltd

Respondent

Procedural Posture

Interlocutory Application / Condonation for Late Filing of Rule 7 A(8)(b) Notice in Review Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the applicants' notice in terms of Rule 7A(8)(b) of the Labour Court Rules.
  2. 2 Whether refusal of condonation would unjustly terminate the review application without consideration of its merits.
  3. 3 Whether substantial prejudice would be suffered by the third respondent if condonation is granted.

Ratio Decidendi

The court found that the applicants' delay in filing the Rule 7A(8)(b) notice was not fatal to their case, as the interests of justice and the right to a fair hearing outweighed any technical non-compliance. The third respondent failed to demonstrate substantial prejudice that would result from granting condonation. The court emphasised that dismissing the review application on a technicality would undermine the applicants' constitutional rights and the purpose of the Labour Relations Act. Accordingly, condonation was granted to allow the matter to be heard on its merits.

Court Disposition

Condonation for the late filing of the Rule 7A(8)(b) notice is granted. The matter is case managed for the review application to be heard before the same judge.

Orders

  • The condonation sought by the applicant is granted.
  • This matter is part heard and hereby case managed for the review application to be heard before the same judge.