LAC summary: rescission application – default judgment granted against employer- employer erroneously providing incorrect fax number in its answering affidavit- set down notice sent to the incorrect fax number – employer not in wilful default and having good prospects of success. Labour Court’s judgment set aside- Appeal upheld- judgment rescinded.
South African Revenue Services v Mhlongo (JA115/2013) [2015] ZALAC 3 (12 March 2015)
Coram: Waglay JP, Dlodlo AJA et Setiloane AJA
Heard: 13 November 2014 Delivered: 12 March 2015
Overturned the judgment of Gush J in South African Revenue Services v Mhlongo (J1915/09) [2012] ZALCJHB 142 (2 February 2012).
LC Summary: Application for rescission of a default judgment: question to be decided was whether Judgment “erroneously” granted and the extent to which the respondent could establish prospects of success.