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Ndou and Others v Colefax Trading (Pty) Ltd and Others (J1330/22) [2024] ZALCJHB 454 (20 November 2024)
The Labour Court held the EEA appeal was late under calendar-day computation, but granted condonation because the case raises an important discrimination question.
Lekhoba v Tsebo Facilities Solutions Proprietary Limited (JS700/23) [2024] ZALCJHB 227 (12 June 2024)
The court held that the Labour Relations Act does not define 'days' for the purposes of section 191(11). Accordingly, the computation of the 90-day period must be done in accordance with the Interpretation Act, which prescribes calendar days unless the last day falls on a Sunday or public holiday. The court found no basis to depart from this method of calculation. As the applicant's statement of claim was filed outside the prescribed 90-day period, the respondent's special plea is upheld. The applicant is required to apply for condonation for the late filing of her statement of claim.
Source excerpt
Latiff v Donro (Pty) Ltd (JS 711/01) [2004] ZALC 56; [2004] 11 BLLR 1151 (LC); (2004) 25 ILJ 2219 (LC) (6 August 2004)
The Labour Court held that the LRA’s 90-day referral period is computed under the Interpretation Act, not the Labour Court Rules, and dismissed the late referral.
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