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South Africa decisions
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National Union of Mineworkers obo Nonganga and Others v MCC Contracts (Pty) Ltd (JS181/12) [2017] ZALCJHB 270 (19 May 2017)
The Labour Court refused to dismiss the union’s statement of case for late affidavits, holding the pre-trial agreement did not justify dismissal and did not undermine locus standi.
Zondo and Others v St Martins School (J3020/12) [2014] ZALCJHB 457; (2015) 36 ILJ 1386 (LC) (20 November 2014)
The Labour Court dismissed an application to set aside pre-trial minutes signed by the applicants’ attorney, finding no lack of authority or proven duress.
Khumalo v MSCP Transport CC (JS 988/2011) [2013] ZALCJHB 124 (14 June 2013)
The Labour Court allowed an amendment to add automatically unfair dismissal, finding no proved waiver by conduct and no bar from the pre-trial minute.
South African Transport and Allied Workers Union and Others v Collett Armed Security Services (JS1280/09) [2013] ZALCJHB 111 (2 May 2013)
The Court found that the respondent failed to provide a satisfactory explanation for the withdrawal of its admission that the strike was protected. The concession regarding the protected nature of the strike was recorded throughout the pleadings and in the pre-trial minutes, which are binding unless special circumstances justify amendment. The respondent's explanation related only to its position prior to litigation and did not account for the error in the pleadings. The Court held that the respondent did not demonstrate that the applicants would not suffer prejudice if the amendment was gran…
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