Association of Mineworkers and Construction Workers Union v Bargaining Council for Civil Engineering Industry (C170/2022) [2025] ZALCCT 2; (2025) 46 ILJ 1339 (LC) (8 January 2025)

Association of Mineworkers and Construction Workers Union v Bargaining Council for Civil Engineering Industry (C170/2022) [2025] ZALCCT 2; (2025) 46 ILJ 1339 (LC) (8 January 2025)

The court found that the delay in filing the review application was excessive and unjustified, as the applicant failed to provide a satisfactory explanation for the entire period of delay. Internal union decision-making and the busy schedule of legal practitioners do not excuse non-compliance with statutory timeframes. The applicant only acted with urgency at the final stage, disregarding the six-week period prescribed by law. On the merits, the arbitrator's findings that Simayile incited local workers to participate in an unprotected work stoppage were supported by credible evidence and were reasonable on a balance of probabilities. The misconduct was serious and dismissal was an...

Citation
[2025] ZALCCT 2
Parties
Applicant: Association of Mineworkers and Construction Workers Union; Respondent: Bargaining Council for the Civil Engineering Industry; Respondent: Elviso Adams (N.O.); Respondent: Power Construction (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
8 January 2025
Case Number
C170/2022
Procedural Posture
Review Application / Application for Condonation and Review of Arbitration Award
Outcome
Application for condonation and review dismissed.
Judges
R Lagrange
Legal Topics
Condonation for Late Filing, Unprotected Strike Action, Incitement of Misconduct, Procedural Fairness, Disciplinary Sanctions
Labour Law Civil Procedure Condonation for Late Filing Unprotected Strike Action Incitement of Misconduct Procedural Fairness Disciplinary Sanctions

Case Brief

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Parties

Association of Mineworkers and Construction Workers Union

Applicant

Bargaining Council for the Civil Engineering Industry

Respondent

Elviso Adams (N.O.)

Respondent

Power Construction (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant provided a justifiable explanation for the excessive delay in filing the review application.
  2. 2 Whether the arbitrator's findings on incitement and negligence were rational and supported by the evidence.
  3. 3 Whether the sanction of dismissal was appropriate under the circumstances.

Ratio Decidendi

The court found that the delay in filing the review application was excessive and unjustified, as the applicant failed to provide a satisfactory explanation for the entire period of delay. Internal union decision-making and the busy schedule of legal practitioners do not excuse non-compliance with statutory timeframes. The applicant only acted with urgency at the final stage, disregarding the six-week period prescribed by law. On the merits, the arbitrator's findings that Simayile incited local workers to participate in an unprotected work stoppage were supported by credible evidence and were reasonable on a balance of probabilities. The misconduct was serious and dismissal was an...

Court Disposition

Application for condonation and review dismissed.

Orders

  • The application to condone the late application to review the arbitration award of the Second Respondent issued on 14 December 2021 under the auspices of the First Respondent under case number CCEI 353-20 is dismissed.
  • The aforementioned review application is dismissed.