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South Africa Case Law

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Labour Law [2025] ZALCD 29

Mthembu and Others v Snackworks and Another (D505/2021)

Mthembu and Others v Snackworks and Another (D505/2021) [2025] ZALCD 29 (29 July 2025)

The Labour Court dismissed an application to retrieve an archived file, finding the delay was inadequately explained and the applicants lacked prospects of success.

  • Condonation
  • Retrieval Of Archived File
  • Unfair Dismissal
  • Operational Requirements
  • Section 189a Lra
  • Practice Manual Procedure
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Labour Law [2025] ZALCJHB 46

Matsekoleng v Synergy World Logistics (Pty) Ltd (J780/20)

Matsekoleng v Synergy World Logistics (Pty) Ltd (J780/20) [2025] ZALCJHB 46 (12 February 2025)

Archived unfair dismissal matter revived despite 23-month delay; the Labour Court found prima facie prospects of success and attorney negligence.

  • Unfair Dismissal
  • Retrieval Of Archived File
  • Condonation
  • Negligence Of Attorney
  • Costs Order
  • Unfair-dismissal
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Labour Law [2022] ZALCD 46

Nzuza and Another v Toyota SA Motors (PTY) Ltd (D215/15)

Nzuza and Another v Toyota SA Motors (PTY) Ltd (D215/15) [2022] ZALCD 46 (19 September 2022)

The court found that the applicants failed to provide a reasonable and satisfactory explanation for the extensive delay in prosecuting their case. Despite claiming lack of representation, evidence showed that the applicants were in contact with attorneys acting on their behalf, and correspondence from Ms Shazi contradicted their assertions. The applicants' explanation for the delay was inadequate, and their continued attempts to contact a suspended attorney, rather than the attorneys referred to them, was unreasonable. The delay of six and a half years since dismissal, and two and a half year…

  • Retrieval Of Archived File
  • Condonation
  • Delay In Prosecution
  • Practice Manual Clause 16
  • Reasonable Explanation For Delay
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