Daniel v Wynford and Another (P190/98) [1998] ZALC 114 (19 November 1998)

Daniel v Wynford and Another (P190/98) [1998] ZALC 114 (19 November 1998)

The Labour Court found no reason to interfere with the commissioner's refusal to grant condonation for the late referral of the dispute. The applicant failed to set out his prospects of success, while the employer addressed this issue and demonstrated that the applicant's prospects were not good. The delay was not satisfactorily explained, being attributed to the union, and the commissioner correctly weighed these factors. The application for review was dismissed as there was no legal basis for intervention.

Citation
[1998] ZALC 114
Parties
Applicant: T. Daniel; Respondent: Commissioner Wynford; Respondent: M. Wood
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 November 1998
Case Number
P190/98
Procedural Posture
Review Application / Application for Review of CCMA Condonation Refusal
Outcome
Application for review dismissed.
Judges
Landman
Legal Topics
Condonation for Late Referral, Prospects of Success, Review of Arbitral Decision
Labour Law Civil Procedure Condonation for Late Referral Prospects of Success Review of Arbitral Decision

Case Brief

Summary, issues, holding and outcome

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Parties

T. Daniel

Applicant

Commissioner Wynford

Respondent

M. Wood

Respondent

Procedural Posture

Review Application / Application for Review of CCMA Condonation Refusal

Legal Issues

  1. 1 Whether the commissioner erred in refusing condonation for the late referral of the dispute to the CCMA.
  2. 2 Whether the applicant's prospects of success were adequately considered in the condonation application.
  3. 3 Whether the Labour Court should interfere with the commissioner's decision.

Ratio Decidendi

The Labour Court found no reason to interfere with the commissioner's refusal to grant condonation for the late referral of the dispute. The applicant failed to set out his prospects of success, while the employer addressed this issue and demonstrated that the applicant's prospects were not good. The delay was not satisfactorily explained, being attributed to the union, and the commissioner correctly weighed these factors. The application for review was dismissed as there was no legal basis for intervention.

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.