Labour procedureService of documentsCondonation applications
Keywords
condonationreinstatementservice out of timenullityRule 14Rule 36
Tags
condonationreinstatementservice irregularity
legislation
Statutes Cited
Labour Court Rules, 2017
Labour Court Rules, 2017
Labour Court Rules, 2017
Labour Court Rules, 2017
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether an application must be supported by a founding affidavit deposed by the applicant personally","issue_type":"procedural","dispositive":"no","related_facts":"Muhambi deposed affidavit stating he was authorised"}
{"issue_text":"Whether service effected outside the 5-day period renders the application a nullity","issue_type":"procedural","dispositive":"yes","related_facts":"Service completed on 27 June instead of 26 June"}
{"issue_text":"Whether the application should have been accompanied by a separate condonation application","issue_type":"procedural","dispositive":"no","related_facts":"Point abandoned during oral argument"}
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background
Facts of the Case
Background
Applicant applied for reinstatement of condonation matter LC/H/301/25. Respondent raised three points in limine, two of which were upheld, resulting in the application being struck off as a nullity due to late service.
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