Communications Workers Union and Another v Commission for Conciliation Mediation And Arbitration and Others (JR 1482/11) [2015] ZALCJHB 56 (24 February 2015)

Communications Workers Union and Another v Commission for Conciliation Mediation And Arbitration and Others (JR 1482/11) [2015] ZALCJHB 56 (24 February 2015)

The court refused condonation for the late filing of further submissions, finding that ignorance of the Practice Manual was not a valid excuse and that the applicants failed to show good cause for the delay. The grounds of appeal were found to be vague, unsubstantiated, and largely repetitive of the original notice, lacking any cogent basis for reasonable prospects of success. The court held that the commissioner had properly applied her mind to the evidence and that the award was one a reasonable decision maker could reach. The applicants did not demonstrate any procedural irregularity or misdirection in the cost order. Accordingly, leave to appeal was refused and the applicants'...

Citation
[2015] ZALCJHB 56
Parties
Applicant: Communications Workers Union; Applicant: I Khala; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: A H Swanepoel N.O (Commissioner); Respondent: Telkom
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 February 2015
Case Number
JR 1482/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for condonation and leave to appeal refused; costs awarded against applicants' attorneys.
Judges
Leppan
Legal Topics
Condonation for Late Filing, Leave to Appeal, Review of Arbitration Award, Gross Insubordination, Costs Award
Labour Law Civil Procedure Condonation for Late Filing Leave to Appeal Review of Arbitration Award Gross Insubordination Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Communications Workers Union

Applicant

I Khala

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

A H Swanepoel N.O (Commissioner)

Respondent

Telkom

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of further submissions in the application for leave to appeal.
  2. 2 Whether the applicants have established reasonable prospects of success on appeal against the dismissal of their review application.
  3. 3 Whether the Labour Court erred in upholding the arbitration award dismissing the second applicant for gross insubordination.

Ratio Decidendi

The court refused condonation for the late filing of further submissions, finding that ignorance of the Practice Manual was not a valid excuse and that the applicants failed to show good cause for the delay. The grounds of appeal were found to be vague, unsubstantiated, and largely repetitive of the original notice, lacking any cogent basis for reasonable prospects of success. The court held that the commissioner had properly applied her mind to the evidence and that the award was one a reasonable decision maker could reach. The applicants did not demonstrate any procedural irregularity or misdirection in the cost order. Accordingly, leave to appeal was refused and the applicants'...

Court Disposition

Application for condonation and leave to appeal refused; costs awarded against applicants' attorneys.

Orders

  • Condonation for the late filing of further submissions is refused.
  • Leave to appeal to the Labour Appeal Court is dismissed.