BMEAWU and Others v Bosun Brick (Pty) Ltd t/a Smart Stone Pretoria (J1376/09) [2011] ZALCJHB 234 (23 August 2011)

BMEAWU and Others v Bosun Brick (Pty) Ltd t/a Smart Stone Pretoria (J1376/09) [2011] ZALCJHB 234 (23 August 2011)

The applicants failed to provide any explanation for the eight-month delay in filing their statement of claim after the first certificate of outcome was issued by the CCMA. They ignored the first referral and did not address the respondent's points regarding the two certificates or their change in union representation. No affidavits were filed by the applicants to clarify their union membership status or mandate. The explanation offered was inadequate and did not account for the full period of delay. Furthermore, the applicants did not demonstrate any prospects of success, as the respondent provided evidence of an exhaustive consultation process and the applicants failed to submit...

Citation
[2011] ZALCJHB 234
Parties
Applicant: Builiding, Motor, Engineering and Allied Workers Union (BMEAWU); Applicant: John Petrus Sithole and 16 Others; Respondent: Bosun Brick (Pty) Ltd t/a Smart Stone Pretoria
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 August 2011
Case Number
J1376/09
Procedural Posture
Condonation Application / Judgment on Condonation for Late Filing of Statement of Claim
Outcome
Application for condonation dismissed.
Judges
Francis
Legal Topics
Condonation, Unfair Dismissal, Operational Requirements, Trade Union Representation
Labour Law Condonation Unfair Dismissal Operational Requirements Trade Union Representation

Case Brief

Summary, issues, holding and outcome

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Parties

Builiding, Motor, Engineering and Allied Workers Union (BMEAWU)

Applicant

John Petrus Sithole and 16 Others

Applicant

Bosun Brick (Pty) Ltd t/a Smart Stone Pretoria

Respondent

Procedural Posture

Condonation Application / Judgment on Condonation for Late Filing of Statement of Claim

Legal Issues

  1. 1 Whether the applicants have provided a satisfactory explanation for the eight-month delay in filing their statement of claim.
  2. 2 Whether the applicants have demonstrated prospects of success in their unfair dismissal claim.
  3. 3 Whether the applicants have shown sufficient cause for condonation under the applicable legal principles.

Ratio Decidendi

The applicants failed to provide any explanation for the eight-month delay in filing their statement of claim after the first certificate of outcome was issued by the CCMA. They ignored the first referral and did not address the respondent's points regarding the two certificates or their change in union representation. No affidavits were filed by the applicants to clarify their union membership status or mandate. The explanation offered was inadequate and did not account for the full period of delay. Furthermore, the applicants did not demonstrate any prospects of success, as the respondent provided evidence of an exhaustive consultation process and the applicants failed to submit...

Court Disposition

Application for condonation dismissed.

Orders

  • The application for condonation is dismissed.
  • There is no order as to costs.