Referring a Dispute to The

ELRC FORM E2

Application for Condonation

Page 1 of 5

APPLICATION FOR CONDONATION

IN THE EDUCATION LABOUR RELATIONS COUNCIL

Case Number: ……………………

In the matter between

…………………………………………………………………………………………………………

(Applicant)

and

…………………………………………………………………………………………………………

(Respondent)

TO: EDUCATION LABOUR RELATIONS COUNCIL

TAKE NOTICE that the above-named Applicant(s) will make application on a date, place and time to be determined by the Education Labour Relations Council for Condonation.

TAKE NOTICE that the affidavit of the Applicant, annexed hereto, will be used in support of this application.

AND TAKE FURTHER NOTICE that the Respondent may within fourteen (14) days of receipt of this affidavit from the Applicant, file and serve an answering affidavit. The Applicant may within seven days upon receipt of the answereing affidavit, file and serve a replying affidavit. Proof must be attached to show that the affidavit has been served on the other party.

AND TAKE NOTICE FURTHER that the Applicant has appointed the address below at which notices and service of all documents and proceedings will be accepted.

Dated at...... on...... …

……......

APPLICANT

Applicant’s Address: ………………………………………………………………………………

…………………………………………………………………………………………………………

IN THE EDUCATION LABOUR RELATIONS COUNCIL

Case Number: ……………………

In the matter between

…………………………………………………………………………………………………………

(Applicant)

and

…………………………………………………………………………………………………………

(Respondent)

AFFIDAVIT

I, the undersigned, …………………………………………………………………………………

(full name of Applicant)

do hereby make oath and state:

The facts contained in this affidavit are within my personal knowledge and are true

and correct.

BACKGROUND

The dispute arose on ………………………………………………………………... after all attempts to negotiate or follow internal procedures of the Respondent failed.

THE DEGREE OF LATENESS

The referral is ………………………………………………………… days late.

I did the following to pursue my rights after the dispute arose:

………………………………………………………………………………………….…

I signed the referral form on ……………………...…………………..……….

REASONS FOR LATENESS

The reason/s that I referred the matter late is:

………………………………………………………………………………………………….

PROSPECTS OF SUCCESS

(I believe that I have good prospects of success because (explain with good reasons why you believe that you have a strong case):

………………………………………………………………………………………………….

PREJUDICE

As the Applicant (employee), if condonation is not granted, I will be prejudiced because:

………………………………………………………………………………………………….

I believe that the Respondent (employer party) will / will not be prejudiced if condonation is granted because:

………………………………………………………………………………………………….

GENERAL

Any other relevant information:

………………………………………………………………………………………………….

Where I humbly pray that the application be granted as prayed in terms of the Notice of Motion to which this affidavit is attached.

......

DEPONENT (APPLICANT)

Signed before me on...... at...... …

by the deponent who acknowledges that he/she knows and understands the contents of this affidavit, has no objection to taking the oath/affirmation and considers it binding upon his/her conscience.

......

COMMISSIONER OF OATHS

Name: …………………………………………………………………………………………….

Address:…………………………………………………………………………………………….

……………………………………………………………………………………………….

Capacity: ………………………………………………………………….……………………….