Vusi Security Guard CC v Director General: Labour (J1373/13) [2022] ZALCJHB 69 (3 March 2022)

Vusi Security Guard CC v Director General: Labour (J1373/13) [2022] ZALCJHB 69 (3 March 2022)

The court found that the applicant had made out a case for rescission of the default order, as there was credible evidence that the compliance order was not properly served on the applicant. The delay in filing the rescission application was satisfactorily explained by the missing court file, and condonation was granted. The respondent did not oppose the application or challenge the applicant's assertions regarding service. In the interests of justice, the rescission was granted and the previous order set aside.

Citation
[2022] ZALCJHB 69
Parties
Applicant: Vusi Security Guard CC; Respondent: Director General: Labour
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 March 2022
Case Number
J1373/13
Procedural Posture
Rescission Application / Judgment on Unopposed Rescission and Condonation
Outcome
Application for condonation granted; default order rescinded; no order as to costs.
Judges
E Molahlehi
Legal Topics
Rescission of Judgment, Condonation, Service of Process, Basic Conditions of Employment Act
Labour Law Civil Procedure Rescission of Judgment Condonation Service of Process Basic Conditions of Employment Act

Case Brief

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Parties

Vusi Security Guard CC

Applicant

Director General: Labour

Respondent

Procedural Posture

Rescission Application / Judgment on Unopposed Rescission and Condonation

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for rescission of the default order granted on 10 February 2015.
  2. 2 Whether condonation for the late filing of the rescission application should be granted.
  3. 3 Whether proper service of the compliance order was effected on the applicant.

Ratio Decidendi

The court found that the applicant had made out a case for rescission of the default order, as there was credible evidence that the compliance order was not properly served on the applicant. The delay in filing the rescission application was satisfactorily explained by the missing court file, and condonation was granted. The respondent did not oppose the application or challenge the applicant's assertions regarding service. In the interests of justice, the rescission was granted and the previous order set aside.

Court Disposition

Application for condonation granted; default order rescinded; no order as to costs.

Orders

  • The application for condonation for the late filing of the rescission application is granted.
  • The order granted by this court on 10 February 2015 is rescinded.