Weller v ABSA Bank Limited (JS850/20) [2021] ZALCJHB 207 (2 August 2021)

Weller v ABSA Bank Limited (JS850/20) [2021] ZALCJHB 207 (2 August 2021)

The court held that section 191(5) of the LRA provides two jurisdictional triggers for referral to the Labour Court: the issue of a certificate of non-resolution or the expiry of 30 days from the date the CCMA received the referral. The applicant was not entitled to wait for the certificate if the 30-day period had already expired. The 90-day period for referral starts running from whichever event occurs first. Since the applicant filed his statement of claim outside the prescribed period, condonation was required. The court found the applicant's explanation for the delay reasonable, considering the impact of Covid-19, difficulties with his bank account, and health issues. The applicant...

Citation
[2021] ZALCJHB 207
Parties
Applicant: Charles William Joseph Weller; Respondent: ABSA Bank Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 August 2021
Case Number
JS850/20
Procedural Posture
Condonation Application / Application for Condonation for Late Referral to Labour Court
Outcome
Condonation for the late filing of the applicant's statement of claim is granted.
Judges
Mofokeng
Legal Topics
Condonation, Unfair Dismissal, Retrenchment, Jurisdictional Time Limits, Section 191 Lra, Prospects of Success
Labour Law Condonation Unfair Dismissal Retrenchment Jurisdictional Time Limits Section 191 Lra Prospects of Success

Case Brief

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Parties

Charles William Joseph Weller

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Referral to Labour Court

Legal Issues

  1. 1 Was the applicant required to apply for condonation for the late filing of his statement of claim?
  2. 2 Should condonation be granted for the late referral to the Labour Court?

Ratio Decidendi

The court held that section 191(5) of the LRA provides two jurisdictional triggers for referral to the Labour Court: the issue of a certificate of non-resolution or the expiry of 30 days from the date the CCMA received the referral. The applicant was not entitled to wait for the certificate if the 30-day period had already expired. The 90-day period for referral starts running from whichever event occurs first. Since the applicant filed his statement of claim outside the prescribed period, condonation was required. The court found the applicant's explanation for the delay reasonable, considering the impact of Covid-19, difficulties with his bank account, and health issues. The applicant...

Court Disposition

Condonation for the late filing of the applicant's statement of claim is granted.

Orders

  • Condonation is granted in respect of the late filing of the applicant's statement of claim.
  • There is no order as to costs.