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Coetzer and Other v Pegasus Industrial Services (Pty) Ltd (JS766/2020) [2021] ZALCJHB 248 (16 August 2021)
The Labour Court granted condonation for the late filing of the applicants’ statement of case, finding the nine-day delay minimal, explained, and not prejudicial.
Nefale v Office of the Premier Gauteng Province (JS 900-19) [2021] ZALCJHB 84 (2 June 2021)
The Labour Court set aside the applicant’s second statement of case as an irregular proceeding, holding the Rules do not permit a second pleading without proper amendment.
Di Nardo v Giuricich Bros Construction (Pty) Ltd (JS597/17) [2018] ZALCJHB 290 (31 August 2018)
The court held that the applicant's proposed amendment to the statement of case should be allowed, as it facilitates the proper ventilation of the dispute and does not cause any demonstrated prejudice or injustice to the respondent. The respondent's objection was found to be frivolous, lacking authority and substance, and did not justify refusing the amendment. The court further held that the Labour Court retains discretion to award costs where opposition is vexatious or frivolous, and in this case, the respondent's conduct warranted a costs order against it. The requirements for amendment an…
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Padachie and Another v Body Corporate of Crystal Cove and Another (704/2015) [2016] ZASCA 145 (30 September 2016)
The Supreme Court of Appeal held that the arbitrator did not deprive the appellant of his right under section 20 of the Arbitration Act to have questions of law stated for the opinion of the court. The appellant's request for referral was imprecise and qualified, and the arbitrator had made his position clear that no points of law warranted referral. The appellant failed to take steps to compel referral and instead submitted extensive written argument, after which the arbitrator published his award addressing all issues, including the alleged points of law. The court further held that section…
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Pakiry v Extreme Cosmetics (JS 943/09) [2011] ZALCJHB 256 (28 February 2011)
The Labour Court granted condonation for a 26-day late filing of a statement of case, finding the delay not excessive and the explanation reasonable.
NCAWU obo Assegai and Others v Tau Mining Consultants (C 401/2009) [2010] ZALC 337 (19 March 2010)
The court held that the Labour Court rules do not provide for an exception procedure and that only the court, not the parties, may adopt procedures not specified in the rules under Rule 11. The court found that the respondent's complaints regarding vagueness and embarrassment in the applicant's statement of case could be addressed during the pretrial conference, as the rules anticipate that factual and legal issues will be clarified at that stage. The court emphasized that exceptions should only be entertained in limited cases where a statement of claim fails to disclose a cause of action, wh…
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