Zwane and Others v Alert Fencing Contractors CC (CCT 87/10) [2010] ZACC 22; [2011] 2 BLLR 109 (CC) ; (2010) 31 ILJ 2825 (CC) ; 2011 (3) BCLR 325 (CC) (23 November 2010)

Zwane and Others v Alert Fencing Contractors CC (CCT 87/10) [2010] ZACC 22; [2011] 2 BLLR 109 (CC) ; (2010) 31 ILJ 2825 (CC) ; 2011 (3) BCLR 325 (CC) (23 November 2010)

The Constitutional Court held that the Labour Appeal Court was correct in its interpretation of rule 6(7) of the Labour Court Rules, requiring notice to the respondent before a default judgment could be granted. The rescission of the default judgment was justified given the respondent's reasonable explanation for its absence at the pre-trial conference. The Court found no basis to criticise the Labour Appeal Court's decision and dismissed the application for leave to appeal. The Court also expressed concern about the excessive delay in finalising the unfair dismissal claim and urged the Judge President of the Labour Court to ensure the matter is heard urgently.

Citation
[2010] ZACC 22
Parties
Applicant: Sabelo Zwane; Applicant: Aaron Madonsela; Applicant: Petros Madonsela; Applicant: Ezekiel Nkosi; Applicant: William Mashaba; Applicant: David Matadi; Respondent: Alert Fencing Contractors CC
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
23 November 2010
Case Number
CCT 87/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court After Labour Appeal Court Decision
Outcome
Application for leave to appeal dismissed.
Judges
Ngcobo, Moseneke, Brand, Cameron, Froneman, Jafta, Khampepe, Mogoeng, Nkabinde, Skweyiya, Yacoob
Legal Topics
Unfair Dismissal, Default Judgment, Rescission of Judgment, Labour Court Rules
Labour Law Civil Procedure Unfair Dismissal Default Judgment Rescission of Judgment Labour Court Rules

Case Brief

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Parties

Sabelo Zwane

Applicant

Aaron Madonsela

Applicant

Petros Madonsela

Applicant

Ezekiel Nkosi

Applicant

William Mashaba

Applicant

David Matadi

Applicant

Alert Fencing Contractors CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court After Labour Appeal Court Decision

Legal Issues

  1. 1 Whether the Labour Appeal Court was correct in holding that notice of application for default judgment is required under rule 6(7) of the Labour Court Rules.
  2. 2 Whether the rescission of the default judgment by the Labour Court was justified based on the respondent's explanation.
  3. 3 Whether the delay in finalising the unfair dismissal claim affects the interests of justice.

Ratio Decidendi

The Constitutional Court held that the Labour Appeal Court was correct in its interpretation of rule 6(7) of the Labour Court Rules, requiring notice to the respondent before a default judgment could be granted. The rescission of the default judgment was justified given the respondent's reasonable explanation for its absence at the pre-trial conference. The Court found no basis to criticise the Labour Appeal Court's decision and dismissed the application for leave to appeal. The Court also expressed concern about the excessive delay in finalising the unfair dismissal claim and urged the Judge President of the Labour Court to ensure the matter is heard urgently.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.