De Vries v Lionel Murray Schwormstedt & Louw (C483/2000) [2001] ZALC 12; [2001] 8 BLLR 902 (LC); (2001) 22 ILJ 1150 (LC) (1 February 2001)

De Vries v Lionel Murray Schwormstedt & Louw (C483/2000) [2001] ZALC 12; [2001] 8 BLLR 902 (LC); (2001) 22 ILJ 1150 (LC) (1 February 2001)

The court held that section 191(5) of the Labour Relations Act determines when the conciliation stage ends and when an employee is entitled to refer a dispute to the Labour Court. The right to refer arises either upon receipt of a certificate of non-resolution or after 30 days have expired since referral to the CCMA without resolution, even if no certificate is issued. Section 191(11) merely sets the time limit for referral and does not require possession of a certificate as a condition precedent. The applicant was entitled to refer her dispute as of 8 July 1999, but only did so on 5 July 2000, nearly a year later, and thus failed to comply with the prescribed time period. However, the...

Citation
[2001] ZALC 12
Parties
Applicant: Safiya De Vries; Respondent: Lionel Murray Schwormstedt & Louw
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 February 2001
Case Number
C483/2000
Procedural Posture
Condonation Application / Application for Condonation for Late Referral of Unfair Dismissal Dispute
Outcome
Condonation granted for the late filing of the applicant's Statement of Case.
Judges
Waglay
Legal Topics
Unfair Dismissal, Condonation, Labour Relations Act, Conciliation, Late Referral
Labour Law Unfair Dismissal Condonation Labour Relations Act Conciliation Late Referral

Case Brief

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Parties

Safiya De Vries

Applicant

Lionel Murray Schwormstedt & Louw

Respondent

Procedural Posture

Condonation Application / Application for Condonation for Late Referral of Unfair Dismissal Dispute

Legal Issues

  1. 1 Whether the applicant's referral of her unfair dismissal dispute to the Labour Court was timeous in terms of section 191 of the Labour Relations Act.
  2. 2 Whether condonation should be granted for the late referral of the dispute to the Labour Court.

Ratio Decidendi

The court held that section 191(5) of the Labour Relations Act determines when the conciliation stage ends and when an employee is entitled to refer a dispute to the Labour Court. The right to refer arises either upon receipt of a certificate of non-resolution or after 30 days have expired since referral to the CCMA without resolution, even if no certificate is issued. Section 191(11) merely sets the time limit for referral and does not require possession of a certificate as a condition precedent. The applicant was entitled to refer her dispute as of 8 July 1999, but only did so on 5 July 2000, nearly a year later, and thus failed to comply with the prescribed time period. However, the...

Court Disposition

Condonation granted for the late filing of the applicant's Statement of Case.

Orders

  • Applicant is granted condonation for the late filing of her Statement of Case.
  • No order as to costs.