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[2008] ZALCD 14
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Red Circle Shoe Manufactures CC v SACTWU and Others (D338/06) [2008] ZALCD 14 (19 February 2008)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
AT DURBAN
CASE
NO:
D338/06
DATE:
19
FEBRUARY 2008
NOT
REPORTABLE
In
the matter between
RED
CIRCLE
SHOE MANUFACTURERS
CC
APPLICANT
and
S
A C T W U
1
ST
RESPONDENT
DUDUZILE
SIBIYA & 11 OTHERS
2
ND
TO 13
TH
RESPONDENTS
BARE
TRAPS SHOE MANUFACTURERS CC
14
TH
RESPONDENT
N
B C L
I
15
TH
RESPONDENT
G.
ZULU, N.O.
(CONCILIATOR)
16
TH
RESPONDENT
JUDGMENT
19
February 2008
PILLAY
D, J
This is an
application for rescission. The applicant’s explanation
for, firstly, the delay and the failure to file an
opposing
affidavit, was that he believed that his former attorney had agreed
with the first respondent’s attorney to stay
the matter pending
settlement discussions. The applicant failed to produce an
affidavit from the former attorney, or any
correspondence to refute
the evidence of the applicant’s attorney to the effect that
there was no agreement for the stay
of pleadings.
As
a result of the matter not being properly opposed, it was enrolled on
the unopposed roll and judgment was granted by default.
The
applicant was also remiss in not instructing his former attorney and
placing him in funds in good time so that the matter can
be properly
opposed.
It
is, as Mr Moola for the applicant submits, a substantial claim.
That being so there was all the more reason for the
applicant to be
attentive to his responsibilities.
The
application for a rescission is dismissed with costs.
____________
Pillay
D, J
Date
Edited: 23 September
APPEARANCES
ON
BEHALF OF APPLICANT : MR A
MOOLA – Anwar Moola & Associates
ON
BEHALF OF RESPONDENT : MR B PURDON-Brett Purdon Attorneys