Sneller Verbatim/HDJ
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JS234/02
2002-10-18
In the matter between
P M KACHELHOFFER Applicant
and
AGRICULTURAL RURAL DEVELOPMENT CORP Respondent
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J U D G M E N T
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REVELAS J:
1. This is an application for the condonation of the late
referral of a dismissal received by the applicant
through the Labour Court. The delay is twelve days. In
other words, the dispute was filed twelve days out of
time. The explanation offered by the applicant for
this delay which, in my view, is almost negligible, is
that the consultant whom he took advice from,
miscalculated the amount of days by not referring to
the correct Act. On 23 March 2002 the applicant's
legal representative was notified by the respondent's
attorney that an application for condonation had to be
brought in respect of the late referral. Only six
months later, in September, the applicant brought the
application for condonation. The delay is due to the
fact that the applicant's representative was of the
firm opinion that condonation need not be brought.
This was an error which should not be attributable to
the applicant.
2. Considering the explanation for the delay, the degree
of lateness and the prospects of success, which on the
papers seem to be reasonable, I believe that
condonation for the late referral should be granted.
3. However, when considering the question of costs, I have
to take into account that the applicant personally was
not to blame for this delay. On the other hand, the
respondent was also prejudiced by the delay.
4. I do not believe that a punitive cost order against any
party would address the respondent's prejudice.
5. In the circumstances, I make the following order:
1. The late referral of the applicant's dispute to the
Labour Court is condoned.
2. There is no order as to costs.
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E. Revelas