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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.
Sibanda v Value Logistics Personnel Services Proprietary Limited (JS636/2023) [2024] ZALCJHB 357 (9 September 2024)
The Labour Court dismissed an employee’s condonation application for late filing, finding her explanation unreasonable and her prospects of success inadequately addressed.
Masebe v Commission for Conciliation Mediation and Arbitration and Others (JR877/16) [2018] ZALCJHB 262 (15 August 2018)
The application for leave to appeal was defective as it did not comply with Rule 30 3(A) of the Labour Court Rules and Clause 15.2 of the Practice Manual. The applicant, who had legal representation throughout, failed to provide a valid excuse for non-compliance, as the court held that a litigant is bound by the conduct of their legal representative. The court found no reasonable prospects that another court would reach a different conclusion regarding the dismissal of the condonation application. Accordingly, the application for leave to appeal was dismissed.
Source excerpt
Modiokgotla v Head of Department: Northern Cape Provincial Government: Dept of Education and Others (C177/2016) [2017] ZALCCT 65 (12 October 2017)
The Labour Court refused condonation for a review filed about 14 months late, holding that the delay was excessive and the explanation amounted to no explanation at all.
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