CWIU and Another v Ryan (D335/99) [2000] ZALC 100; [2001] 3 BLLR 337 (LC) (15 September 2000)

CWIU and Another v Ryan (D335/99) [2000] ZALC 100; [2001] 3 BLLR 337 (LC) (15 September 2000)

The court found that the delay of approximately six and a half months in bringing the review application was considerable and that the applicants and their attorneys failed to act with the required diligence. Their explanation for the delay, based on High Court practice, was unreasonable given the special considerations applicable to labour disputes, which require expeditious resolution. The applicants' attorneys ignored repeated requests from the respondent to bring a condonation application and failed to research the objection. Despite the inexcusable conduct of the union and its attorneys, the court considered the prospects of success in the underlying unfair dismissal dispute. The...

Citation
[2000] ZALC 100
Parties
Applicant: Chemical Workers Industrial Union; Applicant: Jason Fredricks; Respondent: Roark Ryan
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 September 2000
Case Number
D335/99
Procedural Posture
Review Application / Application for Condonation of Late Review Referral
Outcome
Condonation for the late delivery of the review application is granted. Costs are awarded against the applicants and their attorneys jointly and severally on an attorney and client scale.
Judges
Pillay
Legal Topics
Condonation, Unfair Dismissal, Review of Bargaining Council Decision, Reasonable Delay, Costs Order
Labour Law Civil Procedure Condonation Unfair Dismissal Review of Bargaining Council Decision Reasonable Delay Costs Order

Case Brief

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Parties

Chemical Workers Industrial Union

Applicant

Jason Fredricks

Applicant

Roark Ryan

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Review Referral

Legal Issues

  1. 1 Whether the delay in bringing the review application should be condoned.
  2. 2 Whether the applicants provided a reasonable explanation for the delay.
  3. 3 Whether prospects of success exist in the underlying unfair dismissal dispute.

Ratio Decidendi

The court found that the delay of approximately six and a half months in bringing the review application was considerable and that the applicants and their attorneys failed to act with the required diligence. Their explanation for the delay, based on High Court practice, was unreasonable given the special considerations applicable to labour disputes, which require expeditious resolution. The applicants' attorneys ignored repeated requests from the respondent to bring a condonation application and failed to research the objection. Despite the inexcusable conduct of the union and its attorneys, the court considered the prospects of success in the underlying unfair dismissal dispute. The...

Court Disposition

Condonation for the late delivery of the review application is granted. Costs are awarded against the applicants and their attorneys jointly and severally on an attorney and client scale.

Orders

  • The application for condonation is granted.
  • The applicants and their attorneys are to pay the third respondent's costs jointly and severally on an attorney and client scale.