Dube and Others v Commission for Conciliation Mediation and Arbitration and Others (JR 1896/2021) [2023] ZALCJHB 351 (8 March 2023)

Dube and Others v Commission for Conciliation Mediation and Arbitration and Others (JR 1896/2021) [2023] ZALCJHB 351 (8 March 2023)

The court found that the arbitrator's refusal to grant condonation for the late referral of the unfair dismissal dispute was reasonable. The applicants were notified of the non-renewal of their fixed-term contracts on 29 September 2020, making their referral to the CCMA five and a half months late. The explanation provided for the delay—ongoing internal discussions and union interventions—was not supported by compelling evidence and did not justify the lengthy delay. The arbitrator correctly applied the principle that, in the absence of a reasonable and acceptable explanation for the delay, prospects of success are immaterial. The arbitrator exercised his discretion judicially and fairly,...

Citation
[2023] ZALCJHB 351
Parties
Applicant: Nomkhosi Dube; Applicant: Mandisa Sixabayi-Mdala; Applicant: Malose Dolo; Applicant: Muziwakhe Ngwane; Applicant: Sylvia Sibiya; Applicant: Thembela Lingani; Applicant: Amanda Ernstzen; Applicant: Mohau Tsotsetsi; Applicant: Chriss Wiegand; Applicant: Thembekile Mavuso; Applicant: Zibele Tshongweni; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Pat Stone N.O.; Respondent: Parliament of the Republic of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 March 2023
Case Number
JR 1896/2021
Procedural Posture
Review Application / Judgment on Review of Condonation Refusal
Outcome
Application for review dismissed.
Judges
Prinsloo
Legal Topics
Condonation, Late Referral, Fixed Term Contracts, Reasonable Explanation, Prospects of Success, Unfair Dismissal
Labour Law Civil Procedure Condonation Late Referral Fixed Term Contracts Reasonable Explanation Prospects of Success Unfair Dismissal

Case Brief

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Parties

Nomkhosi Dube

Applicant

Mandisa Sixabayi-Mdala

Applicant

Malose Dolo

Applicant

Muziwakhe Ngwane

Applicant

Sylvia Sibiya

Applicant

Thembela Lingani

Applicant

Amanda Ernstzen

Applicant

Mohau Tsotsetsi

Applicant

Chriss Wiegand

Applicant

Thembekile Mavuso

Applicant

Zibele Tshongweni

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Pat Stone N.O.

Respondent

Parliament of the Republic of South Africa

Respondent

Procedural Posture

Review Application / Judgment on Review of Condonation Refusal

Legal Issues

  1. 1 Whether the arbitrator's refusal to grant condonation for the late referral of the unfair dismissal dispute was reasonable.
  2. 2 Whether the applicants provided a reasonable and acceptable explanation for the delay in referring their dispute.
  3. 3 Whether the prospects of success should have been considered in the absence of a reasonable explanation for the delay.

Ratio Decidendi

The court found that the arbitrator's refusal to grant condonation for the late referral of the unfair dismissal dispute was reasonable. The applicants were notified of the non-renewal of their fixed-term contracts on 29 September 2020, making their referral to the CCMA five and a half months late. The explanation provided for the delay—ongoing internal discussions and union interventions—was not supported by compelling evidence and did not justify the lengthy delay. The arbitrator correctly applied the principle that, in the absence of a reasonable and acceptable explanation for the delay, prospects of success are immaterial. The arbitrator exercised his discretion judicially and fairly,...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.