Sample: Affidavit in support of condonation application



Sample: Affidavit in support of condonation application

Let’s look at an example of an affidavit an employee may bring in support of a condonation application where she referred her dispute 60 days after her dismissal because she claims she went on holiday.

AFFIDAVIT

I, the undersigned, Lisa Lately, do hereby make oath and state that:

1. I am an adult female who was previously employed by Diamond Jewellers (Pty) Ltd prior to my dismissal on 15 March 2006.

2. The contents of this affidavit are true and correct and, save where the context indicates otherwise, within my personal knowledge.

THE PARTIES

3. Applicant is Lisa Lately, an adult female, previously employed by Diamond Jewellers (Pty) Ltd as a shop assistant, prior to my dismissal on 15 March 2006.

4. Respondent is Diamond Jewellers (Pty) Ltd, a company duly incorporated in accordance with the company laws of South Africa, having its premises at Shop 2, Sandton Square, Sandton. Respondent is involved in the retail business of selling jewellery.

FACTUAL BACKGROUND TO THIS APPLICATION

5. After my dismissal on 15 March 2006, I didn’t feel well.

6. On 14 April 2006, I decided to go on holiday for a week. When I came back, I went to the CCMA and referred a dispute against Respondent in relation to my unfair dismissal.

7. I was advised that my referral was late and I needed to apply for condonation.

DEGREE OF LATENESS

8. I was told that my referral was meant to have been delivered by 14 April 2006. I am delivering my referral on 15 May 2006, so it’s only 31 days late, which is not very late.

REASONS FOR LATENESS

9. As I’ve already said above, after my dismissal, I didn’t feel well, so I went home. Then, on 14 April 2006, I decided that I would feel better if I went on holiday. So I went to the Kruger National Park for a week.

10. When I came home again, I felt ready to refer my dispute.

PROSPECTS OF SUCCESS

11. I submit that I have excellent prospects of successfully showing that I was unfairly dismissed.

12. I was employed as a shop assistant by Respondent. One day, during my lunch break, I was in the back of the shop eating my lunch. My boss came in and told me there were customers in the front and that I should go and help them. When I asked him if I could first finish my lunch, he told me I was fired and to leave immediately.

13. There was no reason for my dismissal and no procedure was followed, so it will be very easy to show that I was unfairly dismissed.

PREJUDICE

14. I am the one who is now unemployed, so I will suffer prejudice if the CCMA doesn’t hear my case. Respondent will suffer no prejudice at all.

CONCLUSION

15. There can be no doubt, based on what I have set out herein, that I have acted properly at all times, am not very late, have a very good explanation for being late and have excellent prospects of success.

16. I accordingly request that condonation be granted for the late referral of my dispute.

Signed: LISA LATELY

I certify that:

• the Deponent acknowledged to me that she:

▪ she sheknows and understands the contents of this declaration

▪ has no objection to taking the prescribed oath

▪ considers the prescribed oath to be binding on her conscience

o the Deponent thereafter uttered the words, "I swear that the contents of this declaration are true, so help me God"

o the Deponent signed this declaration in my presence at the address set out hereunder on      .

Signed: COMMISSIONER OF OATHS

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