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[2011] ZALCJHB 256
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Pakiry v Extreme Cosmetics (JS 943/09) [2011] ZALCJHB 256 (28 February 2011)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
AT JOHANNESBURG
Case
No: JS 943/09
DATE:
28 FEBRUARY 2011
SHAMANI
PAKIRY
......................................................................
Appellant
And
EXTREME
COSMETICS
......................................................
Respondent
REASONS FOR
THE ORDER
Molahlehi
J
Introduction
[1]
This is an application for the late filing of the statement of case,
filed in terms of s 191(1) (a) and (b) of the LRA. Although
the
respondent did not attend court on the 28 February 2011 when the
condonation application was heard, it had filed the opposing
affidavits. The matter is therefore treated as opposed.
[2]
The respondent contends that condonation should be refused because
the applicant has failed to show any good cause for the delay.
[3]
The delay in filing the statement of case is about 26 days late. The
essence of the explanation for the delay is that:
1)
After the issuing of the statement of case the applicant repeatedly
contacted her attorney to enquire about the progress in the
matter.
That attorney withdrew and the applicant had to instruct the current
attorney of record.
2)
The other reason for the delay is attributed to obtaining the
insurance cover from Legal Wise.
[4]
Having regard to all the relevant legal factors in the consideration
of a condonation application, I am satisfied that the applicant
has
made out a case for condonation. The reasons are:
1)
The delay in the circumstances of this case is not excessive.
2)
The explanation tendered is reasonable and acceptable particularly
taking into account that the applicant did take steps to seek
to have
his attorney expedite the process. She phoned her previous attorney,
and the legal insurance to find out about progress.
[5]
I see no reason why costs should not follow the results.
[6]
In the premises the late filing of the statement of case is condoned
with costs.
Molahlehi
J
JUDGE
OF THE LABOUR COURT OF SOUTH AFRICA
Date
of Hearing: 28 February 2011
Date
of Judgment : February 2011
Appearances:
For
the applicant: Adv. F. Bezuidenhout
For
the respondents: No appearance