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South Africa decisions
Decisions matching the current search
Baloyi v Omega Risk Solutions (Pty) Ltd and Others (JS207/22) [2025] ZALCJHB 271 (7 May 2025)
The Labour Court refused to reinstate a lapsed unfair dismissal referral, finding the nearly two-year delay unexplained and condonation unwarranted.
South African Municipal Workers Union obo Makhatini and Others v City of Tshwane Metropolitan Municipality (JS295/2024) [2025] ZALCJHB 38 (31 January 2025)
The Labour Court dismissed a condonation application for a late statement of case, finding the delay excessive and the explanation vague and inadequate.
Zakhe v DHL Supply Chain SA (Pty) Ltd and Another (PR542021) [2024] ZALCPE 10 (18 March 2024)
The Labour Court refused condonation for a late review application, finding the delay excessive and the applicant’s explanation wholly inadequate.
One Nation Super Store CC v Mbongwa and Others (JR2364/22) [2024] ZALCJHB 243 (1 March 2024)
The Labour Court refused condonation for a late review of a CCMA award, finding the employer gave no acceptable explanation for an excessive delay.
Groenewald and Another v National Transport Movement (JS805/20) [2024] ZALCJHB 35 (5 February 2024)
The Labour Court refused condonation for a respondent’s statement of defence filed nearly two years late, finding the delay excessive and unexplained.
Mohamed v Commission for Conciliation, Mediation and Arbitration and Another (JR1889/2020) [2023] ZALCJHB 296 (24 October 2023)
The Labour Court refused condonation for a late review application and dismissed the review, finding the delay poorly explained and the review lacked prospects.
Nhlapo v Sambo N.O. and Others (JR1451/2018) [2023] ZALCJHB 169 (18 May 2023)
The court found that the applicant failed to provide a compelling, convincing, and comprehensive explanation for the material and lengthy delay in prosecuting the review application. The explanation offered was found to be astonishing, incredible, and bereft of detail, with significant periods left unexplained. The applicant did not demonstrate diligence or active steps to pursue the matter expeditiously, as required by the Practice Manual and the statutory imperative of the Labour Relations Act. The delay was excessive, and the explanation unsatisfactory, rendering the applicant’s prospects…
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NUMSA and Another v Element Six Production (Pty) Ltd (JS 1020/2015) [2023] ZALCJHB 47 (9 March 2023)
The court found that the delay in prosecuting the matter was material and that the applicants failed to provide a compelling, convincing, and comprehensive explanation covering every period of the delay, particularly the period between March 2018 and June 2019. The explanation for the subsequent delay was also found to be inadequate, as it was unreasonable for the applicants to take almost a year to provide instructions to their attorney. The court held that the applicants did not act with the required diligence and failed to discharge the onus to show good cause for the retrieval of the refe…
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Mbeka v Minister of Justice and Correctional Services and Another (JS105/2019) [2021] ZALCJHB 357 (14 October 2021)
The Labour Court dismissed an application for condonation for an eight-month late referral of a dismissal dispute, finding the delay inadequately explained.
South African Police Services v Coericius and Others (C263/19) [2021] ZALCCT 64 (30 August 2021)
The Labour Court dismissed a review after finding the applicant failed to comply with Practice Manual timelines and the matter was deemed withdrawn.
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