This is an application for condonation of late noting of rescission of judgment application at the instance of the applicant employer. Facts giving rise to the matter are that the respondent employee made his review application to the Labour Court in a case pitting him and the applicant employer. The employer failed to file its response to the review timeously and the matter was subsequently set down for hearing in terms of rule 22 Labour Court rules. More
The applicant seeks condonation for late filing of Notice of Response.
The respondent was dismissed from the applicant’s employment following a misconduct determination by applicant’s Disciplinary Authority on 25 February 2014. The respondent noted an appeal with this Court on 27 March 2014. The Notice of Appeal was served on the applicant on 2 April 2014. More
On 5th July 2012 this Court made an order. The terms of the order read as follows,
“Respondent having failed to file its response in terms of Rule 15 of the Labour Court Rules Statutory Instrument 59 of 2006: and further having also failed to show good cause for such failure to file a notice of response, a default judgment be and is hereby entered against the Respondent. The appeal is consequently allowed by reason of Respondent’s default.” (The underlining for emphasis is mine) More
This matter was set down before me as a rescission of judgment application by the employer of a judgment which was granted in default by the Labour Court in favour of the employee. Parties will in the entirety of this judgment be referred to as employer and employee to avoid confusing the record since the record is replete with the parties interchanging roles depending on what application was before the court at the various stages. More
