Bougaard v Commission for Conciliation, Mediation and Arbitration and Others (JR716/07) [2015] ZALCJHB 443 (30 June 2015)

Bougaard v Commission for Conciliation, Mediation and Arbitration and Others (JR716/07) [2015] ZALCJHB 443 (30 June 2015)

The court found that the applicant failed to provide sufficient proof that written submissions were filed as directed by the court. The applicant did not produce an original stamped copy or an affidavit from his attorney confirming the filing. The allegations regarding the filing were hearsay and unsupported. Even if the submissions had been filed, the grounds for review were extremely weak, as the Commissioner had reasonably evaluated the evidence and found the delay excessive and the prospects of success slim. The applicant's reliance on a document of dubious origin further undermined his case. The application for rescission was therefore unsustainable both procedurally and on the merits.

Citation
[2015] ZALCJHB 443
Parties
Applicant: Dudley Reginald Bougaard; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Faziel Mooi N.O.; Respondent: JDG Trading (Pty) Ltd t/a Bradlouws Furniture
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 June 2015
Case Number
JR716/07
Procedural Posture
Review Application / Application for Rescission of Ruling Refusing Leave to Appeal
Outcome
Application dismissed.
Judges
Snider
Legal Topics
Condonation Application, Leave to Appeal, Rescission of Ruling, Unfair Dismissal, Review Proceedings
Labour Law Civil Procedure Condonation Application Leave to Appeal Rescission of Ruling Unfair Dismissal Review Proceedings

Case Brief

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Parties

Dudley Reginald Bougaard

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Faziel Mooi N.O.

Respondent

JDG Trading (Pty) Ltd t/a Bradlouws Furniture

Respondent

Procedural Posture

Review Application / Application for Rescission of Ruling Refusing Leave to Appeal

Legal Issues

  1. 1 Whether the applicant provided sufficient proof that written submissions were filed as directed by the court.
  2. 2 Whether there are proper grounds for rescission of the ruling refusing leave to appeal.
  3. 3 Whether the Commissioner acted reasonably in dismissing the condonation application.

Ratio Decidendi

The court found that the applicant failed to provide sufficient proof that written submissions were filed as directed by the court. The applicant did not produce an original stamped copy or an affidavit from his attorney confirming the filing. The allegations regarding the filing were hearsay and unsupported. Even if the submissions had been filed, the grounds for review were extremely weak, as the Commissioner had reasonably evaluated the evidence and found the delay excessive and the prospects of success slim. The applicant's reliance on a document of dubious origin further undermined his case. The application for rescission was therefore unsustainable both procedurally and on the merits.

Court Disposition

Application dismissed.

Orders

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