NUMSA and Another v Element Six Production (Pty) Ltd (JS 1020/2015)
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…
Source excerpt
- Retrieval From Archives
- Condonation
- Unfair Dismissal
- Practice Manual
- Expeditious Dispute Resolution