South Africa Case Law

Mandlazi v Ubuhle Bemvelo Plant Hire (JS212-20)

Mandlazi v Ubuhle Bemvelo Plant Hire (JS212-20) [2021] ZALCJHB 88 (27 May 2021)

Court

Labour Court Johannesburg

Case number

JS212-20

Judge

F Coetzee

The court found that the delay in filing the statement of claim was minimal (two days) and that the applicant provided a sufficient and reasonable explanation for the delay, primarily due to the conduct of his previous attorneys and the insurer. The applicant acted diligently once he became aware of the lack of progress. There was no prejudice to the respondent, and the applicant would be denied access to the court if condonation were refused. The applicant also demonstrated prospects of success in his claim for unfair retrenchment. Accordingly, condonation was granted.

Source excerpt

• Condonation
• Late Filing
• Unfair Retrenchment
• Statement Of Claim

SACWU obo Ndlozi v Karbochem (Pty) Ltd (JS438/10)

SACWU obo Ndlozi v Karbochem (Pty) Ltd (JS438/10) [2018] ZALCJHB 128 (20 March 2018)

Court

Labour Court Johannesburg

Case number

JS438/10

Judge

LJ Lekale

The Labour Court granted condonation for a late condonation application, but refused condonation for the late statement of claim because the delay was excessive and inadequately explained.

• Condonation
• Late Filing
• Statement Of Claim
• Prospects Of Success
• Prejudice
• Costs Order

NUPSAW obo Sesoma and Others v Component Services (Pty) Ltd (JS719/10)

NUPSAW obo Sesoma and Others v Component Services (Pty) Ltd (JS719/10) [2018] ZALCJHB 154 (16 February 2018)

Court

Labour Court Johannesburg

Case number

JS719/10

Judge

Steenkamp

The Labour Court declared the applicant’s statement of claim an irregular step, set it aside, and dismissed the claim, with no order as to costs.

• Irregular Proceedings
• Statement Of Claim
• Trade Union Representation
• Rule 30 Application
• Labour-procedure
• Irregular-proceedings

P3 Mining Services v National Union of Mineworkers and Others; In re: National Union of Mineworkers and Others v P3 Mining Services (JS960/13)

P3 Mining Services v National Union of Mineworkers and Others; In re: National Union of Mineworkers and Others v P3 Mining Services (JS960/13) [2014] ZALCJHB 358 (16 September 2014)

Court

Labour Court Johannesburg

Case number

JS960/13

Judge

Tlhotlhalemaje

The Labour Court granted condonation for the late filing of an opposing affidavit in a retrenchment dispute, finding the delay significant but not excessive.

• Condonation
• Retrenchment Procedure
• Prospects Of Success
• Prejudice
• Late Filing
• Statement Of Claim

Wilkins v Edgars Consolidated Stores (J4709B/00)

Wilkins v Edgars Consolidated Stores (J4709B/00) [2001] ZALC 130 (20 August 2001)

Court

Labour Court

Case number

J4709B/00

Judge

Moerane

The Labour Court dismissed preliminary objections, holding that an incorrect dismissal date did not make the claim excipiable or deprive the court of jurisdiction.

• Date Of Dismissal
• Exception Procedure
• Statement Of Claim
• Operational Requirements Dismissal
• Date-of-dismissal
• Exception-procedure