Dept of Human Settlements v Kemi N.O and Others (D 40/2017) [2022] ZALCD 41 (23 February 2022)

Dept of Human Settlements v Kemi N.O and Others (D 40/2017) [2022] ZALCD 41 (23 February 2022)

The court found that the delay in filing the record was not excessive and the explanation provided, namely the illness of the responsible staff member, was satisfactory. The applicant demonstrated reasonable prospects of success in the main review application, as the arbitrator may have committed a reviewable irregularity in interpreting the relevant resolution and the facts surrounding the acting appointment. The conduct of the third respondent, who failed to comply with procedural time limits and did not actively oppose the application, was also considered. In these circumstances, the court exercised its discretion to grant condonation and reinstated the review application, holding that...

Citation
[2022] ZALCD 41
Parties
Applicant: Dept of Human Settlements; Respondent: Keshree Kemi N.O.; Respondent: General Public Service Sectoral Bargaining Council; Respondent: NUPSAW obo S Naidoo
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
23 February 2022
Case Number
D 40/2017
Procedural Posture
Review Application / Application for Reinstatement of Review After Deemed Withdrawal/lapse
Outcome
The application for reinstatement of the review application is granted.
Judges
Van Niekerk
Legal Topics
Condonation, Practice Manual, Review of Arbitration Award, Acting Allowance, Late Filing, Prospects of Success
Labour Law Civil Procedure Condonation Practice Manual Review of Arbitration Award Acting Allowance Late Filing Prospects of Success

Case Brief

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Parties

Dept of Human Settlements

Applicant

Keshree Kemi N.O.

Respondent

General Public Service Sectoral Bargaining Council

Respondent

NUPSAW obo S Naidoo

Respondent

Procedural Posture

Review Application / Application for Reinstatement of Review After Deemed Withdrawal/lapse

Legal Issues

  1. 1 Whether the applicant has shown good cause for the late filing of the record in the review application.
  2. 2 Whether the review application, deemed withdrawn and lapsed under the Practice Manual, should be reinstated.
  3. 3 Whether the applicant has reasonable prospects of success in the main review application.

Ratio Decidendi

The court found that the delay in filing the record was not excessive and the explanation provided, namely the illness of the responsible staff member, was satisfactory. The applicant demonstrated reasonable prospects of success in the main review application, as the arbitrator may have committed a reviewable irregularity in interpreting the relevant resolution and the facts surrounding the acting appointment. The conduct of the third respondent, who failed to comply with procedural time limits and did not actively oppose the application, was also considered. In these circumstances, the court exercised its discretion to grant condonation and reinstated the review application, holding that...

Court Disposition

The application for reinstatement of the review application is granted.

Orders

  • The review application under case number D40/2017, deemed withdrawn and lapsed under clauses 11.2.3 and 11.2.7 of the Practice Manual, is reinstated.
  • The arbitration hearing to quantify the arbitration award under review is stayed pending finalisation of the review application.