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[2017] ZALCJHB 2
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Tshabalala v Kruger (JR475/14) [2017] ZALCJHB 2 (11 January 2017)
REPUBLIC
OF SOUTH AFRICA
THE
LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Reportable
/Not
Reportable
Case
No JR 475/14
In
the matter between:
SAMUEL
TSHABALALA Applicant
and
WILLIE
HENDRIK
KRUGER Respondent
Heard:
10 January 2017
Delivered:
11 January 2017
Summary:
Application for default judgment not possible on a review of a
jurisdictional ruling. The applicant has in, any event,
not set out
the grounds of review. The application may also be out of time.
JUDGMENT
SEEDAT.
AJ
[1]
The commissioner of the Commission for Conciliation Mediation and
Arbitration (CCMA) had, on 12 April 2014, found that the Applicant
was not an employee of the Respondent but an independent contractor.
[2]
The Applicant then sought to review this ruling of the commissioner
on the ground that:
“
The employer terminate (sic)
the contract without notice.”
[3]
There was no opposition from the Respondent and the Applicant applied
for judgment by default on 14 October 2014.
[4]
On 16 February 2016, the Registrar directed a letter to the Applicant
stating:
‘”
. The above matter has
been handed to Justice in chambers for perusal and direction.
2. I have been directed to write to
you as follows:-
“
(a) The Applicant is to outline
the facts to be relied on in the statement of claim.
(b) The Applicant is further to attach
the registered post slip as proof of service.”
[5]
The proof of service dated 25 November 2016 was filed though it is
not clear as to what was served on the Respondent. However,
no
attempt has been made to elaborate on the grounds for review.
[6]
The Applicant has not set out the grounds on which he seeks to have
the ruling of the commissioner reviewed.
[7]
There is too, the fact that this was a ruling on jurisdiction by the
commissioner. The Applicant cannot, therefore, ask for
judgment by
default.
[8]
Lastly, it would appear that the application for review is outside
the prescribed time period and no application for condonation
has
been made.
Order
1. The matter is
dismissed
2. There is no order as
to costs.
______________________
SEEDAT
AJ
Acting
Judge of the Labour Court