Food and Allied Workers Union and Another v Commission for Conciliation and Arbitration and Others (P167/17) [2022] ZALCPE 2 (3 February 2022)

Food and Allied Workers Union and Another v Commission for Conciliation and Arbitration and Others (P167/17) [2022] ZALCPE 2 (3 February 2022)

The court found that the delay in filing the review application was caused by internal union conflict and the death of the responsible official, circumstances beyond the individual applicants control. It would be unjust to deny them the right to be heard due to their unions conduct, and the prejudice to the...

Source-derived case information.

Citation
[2022] ZALCPE 2
Parties
Applicant: Food and Allied Workers Union; Applicant: Butshingi, N & 17 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Mbuli; Respondent: Coca Cola Fortune (Pty) Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
3 February 2022
Case Number
P167/17
Procedural Posture
Review Application / Judgment
Outcome
Condonation for late filing granted; review application dismissed; no order as to costs.
Judges
Lallie
Legal Topics
Fixed Term Contracts, Collective Agreements, Unfair Dismissal, Section 198b Lra, Condonation of Late Filing
Labour Law Fixed Term Contracts Collective Agreements Unfair Dismissal Section 198b Lra Condonation of Late Filing

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Summary, issues, holding and outcome

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Parties

Food and Allied Workers Union

Applicant

Butshingi, N & 17 Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Mbuli

Respondent

Coca Cola Fortune (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the late filing of the review application should be condoned.
  2. 2 Whether the commissioners arbitration award was wrong in dismissing the applicants claim.
  3. 3 Whether the collective agreement between FAWU and the third respondent lawfully terminated the applicants contracts.

Ratio Decidendi

The court found that the delay in filing the review application was caused by internal union conflict and the death of the responsible official, circumstances beyond the individual applicants control. It would be unjust to deny them the right to be heard due to their unions conduct, and the prejudice to the applicants outweighed any prejudice to the third respondent. Condonation was therefore granted. On the merits, the court held that the applicants contracts were terminated in accordance with the collective agreement, which was concluded before section 198B of the LRA became operational. Section 198B(2)(c) expressly excludes its application where a collective agreement permits fixed...

Court Disposition

Condonation for late filing granted; review application dismissed; no order as to costs.

Orders

  • The late filing of the application for review is condoned.
  • The application for review is dismissed.