Download PDF

South Africa Judgment

Labour Court Johannesburg

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

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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.

02

Material facts

Parties

W.W Bovula

Applicant Counsel: Bethuel Netshisumbewa - SAACOWU

Safety & Security Bargaining Council

Respondent Counsel: Unopposed

South African Police Services

Respondent Counsel: Unopposed

Mrs Z. Mdladla

Respondent Counsel: Unopposed

03

Procedural history

  1. Posture

    Review Application / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that the delay in referring the dismissal dispute was justified due to his criminal trial and subsequent acquittal. He contended that the period of delay was two years, three months, and 24 days, and sought condonation from the bargaining council.
Respondent
The respondents opposed the condonation, arguing that the delay exceeded three years and the explanation provided was unacceptable. They maintained that the prejudice to the employer was significant due to the passage of time, potential unavailability of witnesses, and impaired recollection.

05

Court’s reasoning

  1. 01

    Labour Relations Act, 66 of 1995

    An applicant seeking condonation for late referral must provide a satisfactory explanation for the delay and demonstrate prospects of success, unless the delay is so excessive that the explanation alone is determinative.

  2. 02

    Commissioner's Award, para 4.3

    Where the explanation for delay is unacceptable, the commissioner need not consider the prospects of success on the merits.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The fact that the money was not found on the employee’s person is irrelevant to the condonation application.
  • Even if witnesses are available after such a long delay, their recollection may be impaired, further prejudicing the employer.

Court disposition

Application dismissed with costs.

  • The application for review is dismissed with costs.

Source and reliance status

Labour Court Johannesburg

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Judgment

[2008] ZALCJHB 31

LOM Business Solutions t/a Set LK Transcribers

IN THE LABOUR COURT OF

SOUTH AFRICA

BRAAMFONTEIN

CASE NO: JR949/06

DATE: 2008/04/29

In the matter between

W.W BOVULA Applicant

And

THE SAFETY & SECURITY BARGAINING

COUNCIL First

Respondent

SOUTH

AFRICAN POLICE SERVICES Second

Respondent

MRS Z. MDLADLA Third

Respondent

J

U D G M E N T

PILLAY D, J:

This is an application to review and set aside the award of the third respondent commissioner, who had refused to condone the late referral of a dismissal dispute. The applicant employee was dismissed on a charge of corruption on 20 August 2002. He was charged criminally and acquitted on 3 September 2003. The employee referred the dispute to the bargaining council on 22 April 2005 and made his application for condonation of the 4 May 2005. The period of delay of more than three years, is considerably more than the two years, three months and 24 days alleged by the applicant in his application for condonation. The explanation for the delay is also unacceptable, as the commissioner found. The commissioner’s

reasons for rejecting the applicant’s explanation appear in paragraph 4.3 of the award. Given the unacceptable

explanation for the long period of delay, the commissioner did not need to consider the prospects of success on the merits of the

application.

In any event, the evidence of the prospects of success presented to the commissioner is not clear. The fact that the money was not found on the employee’s person is neither here nor there. In the light of the long period of delay, the prejudice to the employer is great. Witnesses may no longer be available and even if they are, their recollection could be impaired. In the circumstances the application for review must fail.

The application is dismissed with costs.

_____

Pillay D, J

Date of Editing: 5 July 2009

Appearances:

For the Applicant: Bethuel Netshisumbewa - SAACOWU

For the Respondent: Unopposed

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Relations Act, 66 of 1995

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.