Truter v Travelstart Online Travel Operations (Pty) Ltd (C811/2016) [2020] ZALCCT 23 (4 September 2020)

Truter v Travelstart Online Travel Operations (Pty) Ltd (C811/2016) [2020] ZALCCT 23 (4 September 2020)

The court held that the issue of condonation for non-compliance with the practice manual had already been decided by Judge Steenkamp, who dismissed the condonation application and refused to revive the referral. The present application to retrieve the archived referral is based on the same delays and cause of action, albeit with new evidence. Entertaining the retrieval application would require the court to revisit the question of condonation, resulting in conflicting decisions. The principle of res judicata applies, and the court cannot reconsider the issue. The application is therefore dismissed.

Citation
[2020] ZALCCT 23
Parties
Applicant: Lazanne Truter; Respondent: Travelstart Online Travel Operations (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
4 September 2020
Case Number
C811/2016
Procedural Posture
Urgent Application / Application to Retrieve Archived Referral; in Limine Objection on Res Judicata
Outcome
The respondent's in limine objection of res judicata is upheld. The application to retrieve the archived referral is dismissed. No order as to costs.
Judges
Lagrange
Legal Topics
Res Judicata, Condonation, Practice Manual Non Compliance, Retrieval of Archived Referral
Labour Law Civil Procedure Res Judicata Condonation Practice Manual Non Compliance Retrieval of Archived Referral

Case Brief

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Parties

Lazanne Truter

Applicant

Travelstart Online Travel Operations (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Retrieve Archived Referral; in Limine Objection on Res Judicata

Legal Issues

  1. 1 Whether the application to retrieve the archived referral is barred by res judicata.
  2. 2 Whether the court can revisit the issue of condonation for non-compliance with the practice manual after a previous judgment.

Ratio Decidendi

The court held that the issue of condonation for non-compliance with the practice manual had already been decided by Judge Steenkamp, who dismissed the condonation application and refused to revive the referral. The present application to retrieve the archived referral is based on the same delays and cause of action, albeit with new evidence. Entertaining the retrieval application would require the court to revisit the question of condonation, resulting in conflicting decisions. The principle of res judicata applies, and the court cannot reconsider the issue. The application is therefore dismissed.

Court Disposition

The respondent's in limine objection of res judicata is upheld. The application to retrieve the archived referral is dismissed. No order as to costs.

Orders

  • The respondent's in limine objection that the application is res judicata is upheld.
  • The retrieval application is dismissed.