Sneller Verbatim/HDJ
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J4055/99
2002-10-22
In the matter between
ALBERT BENZO & OTHERS Applicants
and
PAARDEKRAAL CRUSHERS Respondent
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J U D G M E N T
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REVELAS J:
1. The applicants have brought an application for the
condonation of the late referral of their dispute to
the Labour Court. The referral of the dispute was 31
days out of time. There were several developments, but
it is not necessary to refer to them herein as I intend
only to give brief reasons for the order I am about to
make.
1. 1. 2. The main objection by Paardekraal Crushers against
my granting condonation was firstly that the
applicants have waited so long to bring the application
for condonation (two years); and secondly, that the
applicants had no prospects of success as they were
summarily dismissed during an unprotected strike which
the applicants claim, was protected, but that thus far
the applicants have failed to produce proof that proper
48 hours notice of the strike was given. The applicants
aver in an affidavit that such notice was given. The
respondents contend that this affidavit does not
necessarily cover the facts of the matter nor does it
establish any grounds to believe that proper notice was
in fact given. Therefore I should not grant
condonation.
3. In determining this issue, I have to consider the
degree of lateness, the explanation for the delay, and
the prospects of success and the importance of the
matter.
4. Insofar as the prospects of success are concerned, the
applicants have made out a prima facie case and it
would be premature at this stage to decide the status
of the notice. A copy may very well be produced. The
degree of lateness is not substantial. It was thirty
one days. The applicants have only brought the
application for condonation now two years later, but
the point has only been raised now after the parties
have been to court twice and the matter has been set
down twice, and subsequently postponed. Pretrial
minutes have been handed up. All these exercises have
already been gone through and in these circumstances I
believe that I should grant condonation.
5. Therefore I make the following order:
1. 1. The application for condonation of the late
referral of the applicants' dismissal to the labour
court is hereby condoned.
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E. Revelas