G4S Secure Solutions (SA) (Pty) Ltd v Gunqubele N.O. and Others (JA86/2016) [2017] ZALAC 52; [2017] 12 BLLR 1181 (LAC); (2018) 39 ILJ 131 (LAC) (5 September 2017)

G4S Secure Solutions (SA) (Pty) Ltd v Gunqubele N.O. and Others (JA86/2016) [2017] ZALAC 52; [2017] 12 BLLR 1181 (LAC); (2018) 39 ILJ 131 (LAC) (5 September 2017)

The Labour Appeal Court found that the application for review was brought within a reasonable time, considering the factual circumstances and explanations provided by the appellant. Even if there was a slight delay, the appellant offered a reasonable and acceptable explanation, and the prospects of success were material. The commissioner erred in finding the rescission application late, as the CCMA rules excluded the period between 16 December and 7 January, making the application timeous. The appellant did not receive proper notice of the arbitration, and the demotion was by agreement. The Labour Court should have considered the merits of the review application when deciding condonation....

Citation
[2017] ZALAC 52
Parties
Appellant: G4S Secure Solutions (SA) (Pty) Ltd; Respondent: Commissioner Queendy Gunqubele NO; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Goli Malinga
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 September 2017
Case Number
JA86/2016
Procedural Posture
Labour Appeal / Appeal Against Labour Court Judgment Refusing Condonation for Late Review Application
Outcome
Appeal upheld; condonation granted; Labour Court order set aside; arbitration award rescinded.
Judges
Davis JA, Landman JA, Phatshoane AJA
Legal Topics
Condonation, Rescission of Award, Review Application, Unreasonable Delay, Ccma Rules
Labour Law Civil Procedure Condonation Rescission of Award Review Application Unreasonable Delay Ccma Rules

Case Brief

Summary, issues, holding and outcome

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Parties

G4S Secure Solutions (SA) (Pty) Ltd

Appellant

Commissioner Queendy Gunqubele NO

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Goli Malinga

Respondent

Procedural Posture

Labour Appeal / Appeal Against Labour Court Judgment Refusing Condonation for Late Review Application

Legal Issues

  1. 1 Whether the appellant's failure to file the entire record and late filing of the notice of appeal should be condoned.
  2. 2 Whether the application to review the refusal of the commissioner to rescind the award was brought out of time.
  3. 3 Whether the Labour Court should have considered the merits of the review application when deciding condonation.

Ratio Decidendi

The Labour Appeal Court found that the application for review was brought within a reasonable time, considering the factual circumstances and explanations provided by the appellant. Even if there was a slight delay, the appellant offered a reasonable and acceptable explanation, and the prospects of success were material. The commissioner erred in finding the rescission application late, as the CCMA rules excluded the period between 16 December and 7 January, making the application timeous. The appellant did not receive proper notice of the arbitration, and the demotion was by agreement. The Labour Court should have considered the merits of the review application when deciding condonation....

Court Disposition

Appeal upheld; condonation granted; Labour Court order set aside; arbitration award rescinded.

Orders

  • The appellant's failure to file the entire record is condoned and the appeal is reinstated.
  • The late filing of the notice of appeal is condoned.