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South Africa decisions
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Molefe and Another v Unitrans Passenger (JS78/22) [2025] ZALCJHB 326 (12 June 2025)
The Labour Court dismissed a 16-month-late condonation application for filing a statement of claim, finding the explanation incomplete and the delay excessive.
De Gita v Commission for Conciliation, Mediation and Arbitration and Others (JR557/21) [2025] ZALCJHB 65 (18 February 2025)
The Labour Court dismissed an application for condonation for the late filing of a review of a CCMA award, finding the delay excessive and unexplained.
South African Municipal Workers Union obo Mahlangu and Others v City of Tshwane Metropolitan Municipality (JS 211/2024) [2025] ZALCJHB 39 (31 January 2025)
The Labour Court refused condonation for a late unfair dismissal referral arising from an unprotected strike, finding the delay excessive and inadequately explained.
SAMWU obo Ngwenya v Ekurhuleni Metropolitan Muncipality and Others (JR1533/22) [2024] ZALCJHB 353 (21 August 2024)
The Labour Court refused to reinstate a review deemed withdrawn, finding the delay in filing the record inadequately explained and the prospects of success too vague.
Mafoka and Others v HFR Schaefer Vervoer (Pty) and Others (JR2570/19) [2023] ZALCJHB 203 (6 July 2023)
The application for leave to appeal was not properly before the court due to late filing of written submissions without an application for condonation, as required by the Practice Manual. Despite this, the court exercised its discretion to consider the application in light of the Labour Relations Act's objective of resolving disputes expeditiously. Applying the stringent test under section 17(1) of the Superior Courts Act, the court found that the Appellant/First Respondent failed to demonstrate any reasonable prospect that another court would reach a different conclusion. There was no compel…
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Boxing South Africa v Qithi (JR95/19) [2022] ZALCJHB 311 (11 November 2022)
The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different decision regarding the review application. The delay in prosecuting the review was inordinate and prejudicial, particularly to the respondent, who remains unemployed. The principles of expeditious dispute resolution under the Labour Relations Act and the need to prevent labour litigation from becoming protracted and costly were decisive. Accordingly, leave to appeal was refused, and no costs order was made against the applicant.
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General Industries Workers Union of South Africa and Others v Mawer and Delport (PTY) Ltd obo Golden Grove Body Corporate (JS 667/21) [2022] ZALCJHB 139 (9 June 2022)
The Labour Court dismissed a condonation application after finding the late filing of the statement of case was materially delayed and inadequately explained.
Moss and Another v General Public Service Sectoral Bargaining Council (PHSDSBC) and Others (JR2268/16) [2021] ZALCJHB 190 (27 July 2021)
The Labour Court refused condonation for a review filed more than two years late, finding the explanation for the delay wholly inadequate and prospects irrelevant.
Jojo v Element Six Production (Pty) Ltd (JS138/19) [2019] ZALCJHB 101 (15 May 2019)
The court found that the applicant's delay in filing the statement of case was excessive and not adequately explained. The explanation provided was lacking in detail, unsupported by evidence, and failed to account for material periods of the delay. The applicant did not discharge the onus to show good cause or provide a compelling, convincing, and comprehensive explanation for the delay. In accordance with established legal principles, where there is no reasonable and acceptable explanation for the delay, prospects of success are immaterial. The prejudice to the respondent and the statutory o…
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Lempe and Others v Distell Limited (J235/2014) [2019] ZALCJHB 208 (30 April 2019)
The Labour Court dismissed an application for condonation for a late leave-to-appeal filing, finding the delay inordinate and the explanation inadequate.
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