Transport and General Workers Union and Others v Kei Security (P201/98) [1999] ZALC 65 (29 April 1999)

Transport and General Workers Union and Others v Kei Security (P201/98) [1999] ZALC 65 (29 April 1999)

The applicants' statement of claim was found to be sparse and lacking sufficient particularity to enable the respondent to reply properly. The court could not determine the exact nature and extent of the dispute, nor whether the dismissal was for a fair reason or followed a fair procedure. The applicants failed to plead intelligible facts or relief sought. The court held that even a pre-trial would not cure these deficiencies. Consequently, the respondent's exception to the applicants' statement of case succeeded. The matter was postponed to allow the applicants to bring a condonation application and to amend their statement of claim in accordance with Rule 6.

Citation
[1999] ZALC 65
Parties
Applicant: Transport and General Workers' Union; Applicant: Totu Kuselo and 18 Others; Respondent: Kei Security
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 April 1999
Case Number
P201/98
Procedural Posture
Labour Law Application / Exception and Interlocutory Order on Pleadings
Outcome
Respondent's exception upheld; matter postponed; applicants ordered to amend pleadings and pay costs.
Judges
E Revelas
Legal Topics
Statement of Claim Requirements, Exception to Pleadings, Condonation Application, Unfair Dismissal, Rule 6 Labour Court
Labour Law Civil Procedure Statement of Claim Requirements Exception to Pleadings Condonation Application Unfair Dismissal Rule 6 Labour Court

Case Brief

Summary, issues, holding and outcome

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Parties

Transport and General Workers' Union

Applicant

Totu Kuselo and 18 Others

Applicant

Kei Security

Respondent

Procedural Posture

Labour Law Application / Exception and Interlocutory Order on Pleadings

Legal Issues

  1. 1 Whether the applicants' statement of claim complies with Rule 6 of the Labour Court Rules.
  2. 2 Whether the applicants have pleaded sufficient facts to enable the respondent to reply.
  3. 3 Whether the applicants should be granted condonation for late filing.

Ratio Decidendi

The applicants' statement of claim was found to be sparse and lacking sufficient particularity to enable the respondent to reply properly. The court could not determine the exact nature and extent of the dispute, nor whether the dismissal was for a fair reason or followed a fair procedure. The applicants failed to plead intelligible facts or relief sought. The court held that even a pre-trial would not cure these deficiencies. Consequently, the respondent's exception to the applicants' statement of case succeeded. The matter was postponed to allow the applicants to bring a condonation application and to amend their statement of claim in accordance with Rule 6.

Court Disposition

Respondent's exception upheld; matter postponed; applicants ordered to amend pleadings and pay costs.

Orders

  • The matter is postponed until 17 June 1999.
  • The applicants are directed to file their condonation application on or before 27 May 1999.