IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: JS1027/19
In the matter between:
COLLIN RABABALELA First Applicant
XOLA MVIMBI Second Applicant
VUYANI MNGUNI Third Applicant
PHILA GUMEDE Fourth Applicant
and
GENERAL ELECTRIC TRANSPORTATION (WABTEC) Respondent
Heard: 09 March 2023
Delivered: 29 January 2024 (This judgment was handed down electronically
by circulation to the parties’ legal representatives by email, publication on the
Labour Court website and release to SAFLII. The date and time for handing-
down is deemed to be 10h00 on 29 January 2024.)
REASONS FOR ORDER
PHEHANE, J
[1] This matter was set down for a pre- trial conference before a J udge as
contemplated in rule 6(5) of the R ules for the Conduct of Proceedings in the Labour
Court. The parties were issued with a set down notice to attend a pre- trial
conference before a J udge on 9 March 2023. A draft and unsigned pre- trial minute
was in the Court file.
2
[2] On the hearing date, the respondent’ s representative submitted that the
matter had been archived as contemplated in item 16 of the Practice Manual of this
Court,1 at which the applicant’s representative expressed utter surprise.
[3] There is no record of any archiving of the file by the Registrar of this Court as
contemplated in item 16 of the Practice Manual. Had the file been archived, the
matter would not have been set down for hearing. I enquired from the respondent’s
representative if he had an opportunity to read and consider the judgement of this
Court per Moshoana J on the archiving of files.
2 The matter stood down to afford him
the opportunity to read and consider the judgment, after which, the matter would be
recalled and the parties would be given an opportunity to make submissions.
[4] When the matter was re called, the respondent’s r epresentative did not
reappear and had not been excused by the Court.
[5] I was not persuaded that the matter had been archived. In the circumstances,
an order was issued directing the parties to sign and file a pre- trial minute within
seven days of the ord er, failing which, the matter would proceed as contemplated in
rule 6(7).
[6] The respondent apparently sought reasons for my order in a letter dated 22
March 2023 which letter did not come to my attention. A follow -up letter dated 25
April 2023 was sent requesting the reasons.
[7] The reasons for the order are as aforesaid.
M. T. M. Phehane
Judge of the Labour Court of South Africa
1 Effective 2 April 2013.
2 Lebelo and 406 Others v City of Johannesburg (J2055/14) [2022] ZALCJHB 81 (22 March 2022).