Borotho v Commission For Conciliation, Mediation and Arbitration and Others (JR 539/13) [2014] ZALCJHB 250 (10 July 2014)

Borotho v Commission For Conciliation, Mediation and Arbitration and Others (JR 539/13) [2014] ZALCJHB 250 (10 July 2014)

The court found that the applicant's delay of 419 days in filing the review application was excessive and not satisfactorily explained. The applicant demonstrated knowledge of labour law and the correct procedures but chose to pursue an incorrect cause of action after receiving the arbitration award. His claims of lack of legal representation and financial resources were not supported by the facts, as he had legal assistance during the relevant period. The court held that negligence or tardiness of legal representatives cannot justify non-compliance with statutory time limits. The explanation for the delay was neither acceptable nor plausible, and the applicant failed to make out a case...

Citation
[2014] ZALCJHB 250
Parties
Applicant: Naledi Borotho; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Matji, Khomotjo Daniel; Respondent: Royalserve Cleaning (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 July 2014
Case Number
JR 539/13
Procedural Posture
Condonation Application / Application for Condonation for Late Filing of Review
Outcome
Application for condonation dismissed.
Judges
Seedat
Legal Topics
Condonation, Late Filing, Review of Arbitration Award, Jurisdiction, Statutory Time Limits
Labour Law Civil Procedure Condonation Late Filing Review of Arbitration Award Jurisdiction Statutory Time Limits

Case Brief

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Parties

Naledi Borotho

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Matji, Khomotjo Daniel

Respondent

Royalserve Cleaning (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Filing of Review

Legal Issues

  1. 1 Whether the applicant has provided a satisfactory explanation for the excessive delay in filing the review application.
  2. 2 Whether the delay of 419 days beyond the statutory period can be condoned.
  3. 3 Whether the applicant's lack of legal representation constitutes sufficient cause for condonation.

Ratio Decidendi

The court found that the applicant's delay of 419 days in filing the review application was excessive and not satisfactorily explained. The applicant demonstrated knowledge of labour law and the correct procedures but chose to pursue an incorrect cause of action after receiving the arbitration award. His claims of lack of legal representation and financial resources were not supported by the facts, as he had legal assistance during the relevant period. The court held that negligence or tardiness of legal representatives cannot justify non-compliance with statutory time limits. The explanation for the delay was neither acceptable nor plausible, and the applicant failed to make out a case...

Court Disposition

Application for condonation dismissed.

Orders

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