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Labour Court of South Africa, Port Elizabeth

The Labour Court has the same status as a high court. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.

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Bird street 2, Central Port Elizabeth, Port Elizabeth, 6001

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https://www.justice.gov.za/labourcourt

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1 judgment

Citation	Judgment date
July 2019
Nthejane v Department of Health, Free State (PS 7 of 2015) [2019] ZALCPE 13 (18 July 2019) A default judgment will not be rescinded where the respondent's absence was wilful and good cause was not shown. Labour Court — rescission of default judgment — rule 16A(1)(a) and 16A(1)(b). Interlocutory orders — variation of interlocutory procedural directions — court's discretion. Rescission — requirements: erroneous grant v. good cause; wilful/default conduct defeats rescission. Pleadings — party confined to case in founding affidavit but court may consider raised alternatives where sufficiently pleaded. Costs — no order where rescission application not frivolous or unreasonable.	18 July 2019

Citation

Judgment date

July 2019

Nthejane v Department of Health, Free State (PS 7 of 2015) [2019] ZALCPE 13 (18 July 2019)

A default judgment will not be rescinded where the respondent's absence was wilful and good cause was not shown.

Labour Court — rescission of default judgment — rule 16A(1)(a) and 16A(1)(b). Interlocutory orders — variation of interlocutory procedural directions — court's discretion. Rescission — requirements: erroneous grant v. good cause; wilful/default conduct defeats rescission. Pleadings — party confined to case in founding affidavit but court may consider raised alternatives where sufficiently pleaded. Costs — no order where rescission application not frivolous or unreasonable.

18 July 2019