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South Africa decisions
Decisions matching the current search
Bidvest Protea Coin v Maake and Others (JR2035/21) [2025] ZALCJHB 251 (23 June 2025)
The Labour Court refused reinstatement of a review application delayed by 11 months, finding the explanation weak and attorney negligence no excuse.
MEC for Public Works: North West Province and Another v Public Service Coordinating Bargaining Council and Others (JR430/18) [2025] ZALCJHB 54 (4 February 2025)
The applicant failed to comply with clause 11.2.7 of the Labour Court Practice Manual by not filing the necessary papers or requesting enrolment within the prescribed period. No explanation was provided for the default or for the lengthy delay in bringing the application to reinstate. The applicant's assertion of prospects of success was unsubstantiated and did not meet the required threshold. Established legal principles dictate that, in the absence of a reasonable explanation for the delay, prospects of success and the importance of the matter are irrelevant. The applicant failed to demonst…
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Madikizela v CCMA and Others (D382/22) [2024] ZALCD 42 (7 November 2024)
The court found that the applicant's delay in filing the record was adequately explained and largely attributable to factors outside her control, including the first respondent's failure to provide a complete record and delays by her legal insurer. The Practice Manual is binding, but the court retains discretion to reinstate withdrawn review applications where good cause is shown. The applicant demonstrated a clear intention to pursue the review and took reasonable steps to remedy the delay. The interests of justice and fairness warranted reinstatement of the review application. Regarding cos…
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Bayat v MEC, Department of Health - Kwazulu-Natal Public Health and Social Development and Others (D 2278/18) [2021] ZALCD 54 (4 August 2021)
Labour Court condonation and reinstatement application dismissed after the applicant failed to explain a long delay in filing the review record.
Mbema v Commission for Conciliation, Mediation and Arbitration and Others (PR04/2015) [2018] ZALCPE 23 (23 August 2018)
The Labour Court dismissed an application to reinstate a review deemed withdrawn for late filing of the record, finding no adequate explanation or prospects.
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