Nthejane v The Department of Health, Free State

The applicant, a professional nurse, was employed by a local authority from 1998. In 2004, her employment transferred to the respondent, the Department of Health, Free State, as a going concern in terms of section 197 of the Labour Relations Act (LRA). A dispute arose regarding her proper placement on the PNB remuneration scale: she contended she should have been placed on PNB3 rather than the lower PNB1 level. After lengthy procedural delays and interlocutory steps, the matter was set down for hearing on 29 October 2018. The respondent, believing the pleadings had not closed, deliberately chose not to attend the hearing. The Labour Court proceeded in its absence and granted default judgment in favour of the applicant on 23 November 2018. The respondent subsequently applied for rescission of the default judgment, relying on rule 16A(1)(a) and alternatively rule 16A(1)(b) of the Labour Court Rules.

The rescission application was dismissed. No order as to costs was made.

The judgment clarifies the application of rule 16A of the Labour Court Rules, distinguishing between rescission for an erroneously granted order and rescission based on good cause. It underscores that interlocutory procedural orders do not necessarily bar a court from proceeding with a hearing years later, and it reinforces that a deliberate decision not to attend court constitutes wilful default, precluding rescission.