Arries v Education Labour Relations Council and Others (C756/2013) [2015] ZALCCT 10 (5 February 2015)

Arries v Education Labour Relations Council and Others (C756/2013) [2015] ZALCCT 10 (5 February 2015)

The court found that the arbitrator committed a gross irregularity by calculating the delay from the date the condonation application was referred to the Council, rather than from the date of the referral of the dispute. This approach was contrary to section 191(2) of the LRA and relevant case law, which permit condonation applications to be brought at any time and require the degree of lateness to be calculated from the referral date. The court exercised its discretion to condone the late filing of the review application due to the applicant's prospects of success. Consequently, the condonation ruling was reviewed and set aside, and the matter was remitted for hearing before a different...

Citation
[2015] ZALCCT 10
Parties
Applicant: Julie Arries; Respondent: Education Labour Relations Council; Respondent: Retief Olivier N.O.; Respondent: Department of Education: Western Cape
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
5 February 2015
Case Number
C756/2013
Procedural Posture
Review Application / Review of Condonation Ruling by Arbitrator
Outcome
Condonation for the late filing of the review application is granted. The arbitrator's ruling is reviewed and set aside. The condonation application is remitted for hearing before a different arbitrator. No order as to costs.
Judges
Rabkin-Naicker
Legal Topics
Condonation, Unfair Dismissal, Late Referral, Gross Irregularity, Review of Arbitration, Section 191 Lra
Labour Law Civil Procedure Condonation Unfair Dismissal Late Referral Gross Irregularity Review of Arbitration Section 191 Lra

Case Brief

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Parties

Julie Arries

Applicant

Education Labour Relations Council

Respondent

Retief Olivier N.O.

Respondent

Department of Education: Western Cape

Respondent

Procedural Posture

Review Application / Review of Condonation Ruling by Arbitrator

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity in calculating the delay from the date of the condonation application rather than the referral.
  2. 2 Whether the arbitrator erred in law by conflating the delay in applying for condonation with the delay in referring the dispute.
  3. 3 Whether condonation should be granted for the late filing of the review application.

Ratio Decidendi

The court found that the arbitrator committed a gross irregularity by calculating the delay from the date the condonation application was referred to the Council, rather than from the date of the referral of the dispute. This approach was contrary to section 191(2) of the LRA and relevant case law, which permit condonation applications to be brought at any time and require the degree of lateness to be calculated from the referral date. The court exercised its discretion to condone the late filing of the review application due to the applicant's prospects of success. Consequently, the condonation ruling was reviewed and set aside, and the matter was remitted for hearing before a different...

Court Disposition

Condonation for the late filing of the review application is granted. The arbitrator's ruling is reviewed and set aside. The condonation application is remitted for hearing before a different arbitrator. No order as to costs.

Orders

  • Condonation is granted for the late filing of the review application.
  • The ruling under case number P.S.E.S. 721314 WC is reviewed and set aside.