Bell v Seedat NO and Others (J5316/00) [2001] ZALC 62 (26 April 2001)

Bell v Seedat NO and Others (J5316/00) [2001] ZALC 62 (26 April 2001)

The commissioner failed to properly exercise his discretion in refusing condonation for the late referral of the dismissal dispute. He did not consider the applicant's prospects of success, which were set out in the supplementary affidavit. The cumulative effect of the relevant factors, including the degree of lateness, the explanation for the delay, and the prospects of success, must be considered. The failure to do so constitutes a reviewable irregularity. The applicant's explanation, while not entirely persuasive, was sufficient in the circumstances, and the prospects of success appeared to be good on the papers. Accordingly, the commissioner's ruling was set aside and condonation...

Citation
[2001] ZALC 62
Parties
Applicant: David Bell; Respondent: Commissioner M S Seedat; Respondent: The Commissioner for Conciliation, Mediation and Arbitration; Respondent: SA Bingo (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 April 2001
Case Number
J5316/00
Procedural Posture
Review Application / Application for Review of CCMA Condonation Ruling
Outcome
Application for review succeeds; commissioner's ruling set aside; condonation granted for late referral; costs awarded against third respondent.
Judges
E. Revelas
Legal Topics
Condonation, Late Referral, Prospects of Success, Unfair Dismissal, Review of Arbitral Award
Labour Law Civil Procedure Condonation Late Referral Prospects of Success Unfair Dismissal Review of Arbitral Award

Case Brief

Summary, issues, holding and outcome

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Parties

David Bell

Applicant

Commissioner M S Seedat

Respondent

The Commissioner for Conciliation, Mediation and Arbitration

Respondent

SA Bingo (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Review of CCMA Condonation Ruling

Legal Issues

  1. 1 Whether the commissioner properly exercised discretion in refusing condonation for late referral of the dismissal dispute.
  2. 2 Whether the commissioner considered all relevant factors, including the prospects of success, in the condonation application.
  3. 3 Whether the applicant provided a sufficient explanation for the delay in referral.

Ratio Decidendi

The commissioner failed to properly exercise his discretion in refusing condonation for the late referral of the dismissal dispute. He did not consider the applicant's prospects of success, which were set out in the supplementary affidavit. The cumulative effect of the relevant factors, including the degree of lateness, the explanation for the delay, and the prospects of success, must be considered. The failure to do so constitutes a reviewable irregularity. The applicant's explanation, while not entirely persuasive, was sufficient in the circumstances, and the prospects of success appeared to be good on the papers. Accordingly, the commissioner's ruling was set aside and condonation...

Court Disposition

Application for review succeeds; commissioner's ruling set aside; condonation granted for late referral; costs awarded against third respondent.

Orders

  • The ruling of the commissioner dated 11 August 2000 under case no. GA10836 is reviewed and set aside.
  • The applicant is granted condonation for the referral of the dispute to the Commission for Conciliation, Mediation and Arbitration outside the time period prescribed by the Labour Relations Act.