Gordon v JP Morgan Equities SA (Pty) Ltd and Others (C514/2014) [2016] ZALCCT 11; [2018] 1 BLLR 39 (LC) (31 March 2016)

Gordon v JP Morgan Equities SA (Pty) Ltd and Others (C514/2014) [2016] ZALCCT 11; [2018] 1 BLLR 39 (LC) (31 March 2016)

The court found that the delay in filing the record and supplementary affidavit was not excessive and was primarily caused by the CCMA’s piecemeal delivery of the record and the employer’s confidentiality requirements. The explanation for the delay, though not entirely satisfactory, was sufficient when weighed with the applicant’s prospects of success on review. The applicant raised serious grounds for review, including the commissioner allegedly falling asleep during proceedings and preventing the completion of cross-examination. These allegations, if true, constitute misconduct and a denial of natural justice, giving the applicant good prospects of success. The interests of justice...

Citation
[2016] ZALCCT 11
Parties
Applicant: Deanne Gordon; Respondent: JP Morgan Equities SA (Pty) Ltd; Respondent: V Smith N.O.; Respondent: CCMA
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
31 March 2016
Case Number
C514/2014
Procedural Posture
Review Application / Condonation Application for Late Filing of Record and Supplementary Affidavit
Outcome
Condonation granted for the late filing of the record and supplementary affidavit.
Judges
Anton J Steenkamp
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Natural Justice, Cross Examination, Misconduct by Arbitrator
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Natural Justice Cross Examination Misconduct by Arbitrator

Case Brief

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Parties

Deanne Gordon

Applicant

JP Morgan Equities SA (Pty) Ltd

Respondent

V Smith N.O.

Respondent

CCMA

Respondent

Procedural Posture

Review Application / Condonation Application for Late Filing of Record and Supplementary Affidavit

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the arbitration record and supplementary affidavit.
  2. 2 Whether the commissioner’s conduct—falling asleep and curtailing cross-examination—constitutes grounds for review.
  3. 3 Whether the applicant was deprived of a fair hearing due to the commissioner’s actions.

Ratio Decidendi

The court found that the delay in filing the record and supplementary affidavit was not excessive and was primarily caused by the CCMA’s piecemeal delivery of the record and the employer’s confidentiality requirements. The explanation for the delay, though not entirely satisfactory, was sufficient when weighed with the applicant’s prospects of success on review. The applicant raised serious grounds for review, including the commissioner allegedly falling asleep during proceedings and preventing the completion of cross-examination. These allegations, if true, constitute misconduct and a denial of natural justice, giving the applicant good prospects of success. The interests of justice...

Court Disposition

Condonation granted for the late filing of the record and supplementary affidavit.

Orders

  • Condonation is granted for the late filing of the record and the applicant’s supplementary affidavit.
  • The costs of this application are to be costs in the cause of the review application.