Bovula v Safety And Security Bargaining Council and Others (JR949/06) [2008] ZALCJHB 31 (29 April 2008)

Bovula v Safety And Security Bargaining Council and Others (JR949/06) [2008] ZALCJHB 31 (29 April 2008)

The court held that the applicant's explanation for the delay in referring the dismissal dispute was unacceptable and that the period of delay was substantially longer than claimed. The commissioner was correct in refusing condonation without considering the prospects of success, as the explanation for the delay was insufficient. The prejudice to the employer was significant due to the lengthy delay, which could affect the availability and memory of witnesses. Consequently, the application for review was dismissed.

Citation
[2008] ZALCJHB 31
Parties
Applicant: W.W Bovula; Respondent: Safety & Security Bargaining Council; Respondent: South African Police Services; Respondent: Mrs Z. Mdladla
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 April 2008
Case Number
JR949/06
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Pillay D
Legal Topics
Condonation of Late Referral, Dismissal Dispute, Review of Arbitration Award
Labour Law Condonation of Late Referral Dismissal Dispute Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

W.W Bovula

Applicant

Safety & Security Bargaining Council

Respondent

South African Police Services

Respondent

Mrs Z. Mdladla

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner erred in refusing condonation for the late referral of the dismissal dispute.
  2. 2 Whether the explanation for the delay in referral was acceptable.
  3. 3 Whether the prospects of success on the merits should have been considered given the delay.

Ratio Decidendi

The court held that the applicant's explanation for the delay in referring the dismissal dispute was unacceptable and that the period of delay was substantially longer than claimed. The commissioner was correct in refusing condonation without considering the prospects of success, as the explanation for the delay was insufficient. The prejudice to the employer was significant due to the lengthy delay, which could affect the availability and memory of witnesses. Consequently, the application for review was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application for review is dismissed with costs.