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The Arbitrator abrogated her duty by failing to consider the central issue of flagging the applicant's bank account, which was pleaded and evidenced. The Labour Court, in revision, cannot re-appreciate evidence but can quash and remit the matter for proper consideration of all relevant facts.
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The High Court Labour Division dismissed an application for extension of time, finding repeated defective filings, delay, and no sufficient grounds to excuse the default.
The High Court held that the applicant and the named debtor were the same person, treated the mismatch as a misnomer, dismissed the application, and allowed execution to proceed.
The applicant failed to provide sufficient evidence for the delay, as the supporting affidavit was hearsay without corroborating affidavits from the directors or relevant counsel. The alleged illegality was not in the impugned decision and could not be rectified by granting the extension sought. Therefore, no good cause was shown for extension of time.
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The respondents' cumulative acts—referencing the wrong case number, lodging the notice of appeal in the wrong registry, and addressing the request for documents to the wrong registrar—demonstrate a lack of diligence and essential steps towards instituting the intended appeal, justifying striking out the notice of appeal.
Source excerpt
The respondents' cumulative procedural errors—referencing the wrong case number, lodging in the wrong registry, and addressing the wrong registrar—demonstrate a lack of diligence and intention to prosecute the appeal, thus failing to take essential steps as required by the Rules. The notice of appeal is therefore struck out.
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