Bloem v Edelweiss Glass & Aluminum and Others (JR2315/17) [2019] ZALCJHB 139 (14 February 2019)
The court found that the third respondent's refusal to condone the late referral was reasonable. The applicant failed to provide a satisfactory explanation for the 175-day delay in referring the dispute to arbitration. The degree of lateness was substantial, and the respondent would suffer considerable prejudice if...
Source-derived case information.
- Citation
- [2019] ZALCJHB 139
- Parties
- Applicant: Leon Bloem; Respondent: Edelweiss Glass & Aluminum; Respondent: Commission of Conciliation, Mediation and Arbitration; Respondent: Commissioner Robert Skhosana
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR2315/17
- Procedural Posture
- Review Application / Application to Review and Set Aside Condonation Ruling
- Outcome
- Application to review and set aside the condonation ruling is dismissed.
- Judges
- Van Niekerk
- Legal Topics
- Condonation, Late Referral, Unfair Dismissal, Arbitration Procedure
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leon Bloem
Applicant
Edelweiss Glass & Aluminum
Respondent
Commission of Conciliation, Mediation and Arbitration
Respondent
Commissioner Robert Skhosana
Respondent
Procedural Posture
Review Application / Application to Review and Set Aside Condonation Ruling
Legal Issues
- 1 Whether the third respondent's refusal to condone the late referral to arbitration was reasonable.
- 2 Whether the applicant provided satisfactory reasons for the delay in referring the dispute to arbitration.
- 3 Whether the respondent would suffer prejudice if condonation were granted.
Ratio Decidendi
The court found that the third respondent's refusal to condone the late referral was reasonable. The applicant failed to provide a satisfactory explanation for the 175-day delay in referring the dispute to arbitration. The degree of lateness was substantial, and the respondent would suffer considerable prejudice if condonation were granted. The court held that the third respondent properly considered all relevant factors and that there was no basis to interfere with the ruling.
Court Disposition
Application to review and set aside the condonation ruling is dismissed.
Orders
- The application is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF SOUTH AFRICA
the labour court of South Africa, johannesburg
judgment
Not reportable/Reportable
CASE NO:JR 2315/17
In the matter between:
LEON BLOEM
Applicant
And
EDELWEISS GLASS & ALUMINUM First
Respondent
COMMISSION OF CONCILIATION,
MEDIATION AND ARBITRATION Second
Respondent
COMMISSIONER ROBERT SKHOSANA
Third Respondent
Heard : 12 February 2019
Judgment delivered: 14 February 2019
JUDGMENT
VAN NIEKERK J
[1] This is an application to review and set aside a ruling made by the third respondent on 10 October 2017, when he refused to condone the late referral of a dispute to arbitration. The ruling records that the degree of lateness is 175 days, that the reasons proffered by the applicant were not satisfactory and that the respondent would suffer
considerable prejudice should condonation be granted.
[2] On 13 October 2016, the applicant referred an unfair dismissal dispute to conciliation. The matter was set down for con-arb. ??? The dispute was not resolved, and a certificate of outcome was issued on 16 November 2016. The applicant completed a request for arbitration on 13 September 2017.
André van Niekerk
Judge
REPRESENTATION
For the applicant: In Person
For the respondent: