Govender and Others v Commission for Conciliation, Mediation and Arbitration and Others (D1262/2019) [2021] ZALCD 83 (14 December 2021)

Govender and Others v Commission for Conciliation, Mediation and Arbitration and Others (D1262/2019) [2021] ZALCD 83 (14 December 2021)

The court found that the applicants failed to provide a reasonable and comprehensive explanation for the delay in filing the record, as required by the Practice Manual and established case law. The delay was substantial and attributable to both the applicants and their attorney, who failed to act with the necessary urgency and did not adequately supervise the process. The applicants' reliance on the lockdown and funding difficulties was not supported by sufficient detail or urgency. Furthermore, the applicants' prospects of success in the review were weak, as the grounds advanced did not demonstrate that the arbitration award was unreasonable or reviewable. The cumulative failures in...

Citation
[2021] ZALCD 83
Parties
Applicant: Krishnaveni Govender & 20 Others (as listed in Annexure 'KG1'); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Nqobile Kenneth Dube N.O.; Respondent: WNS Global Services SA (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
14 December 2021
Case Number
D1262/2019
Procedural Posture
Review Application / Application for Reinstatement of Withdrawn Review and Condonation for Late Filing
Outcome
Application for reinstatement of the review application dismissed; condonation for late filings refused; no order as to costs.
Judges
I Moodley
Legal Topics
Condonation, Practice Manual, Unfair Dismissal, Review of Arbitration Award, Late Filing, Reinstatement of Review
Labour Law Civil Procedure Condonation Practice Manual Unfair Dismissal Review of Arbitration Award Late Filing Reinstatement of Review

Case Brief

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Parties

Krishnaveni Govender & 20 Others (as listed in Annexure 'KG1')

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Nqobile Kenneth Dube N.O.

Respondent

WNS Global Services SA (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Reinstatement of Withdrawn Review and Condonation for Late Filing

Legal Issues

  1. 1 Whether the applicants provided a reasonable explanation for the late filing of the record in the review application.
  2. 2 Whether the review application should be reinstated after being deemed withdrawn under the Practice Manual.
  3. 3 Whether condonation should be granted for the late filing of the replying and supplementary affidavits.

Ratio Decidendi

The court found that the applicants failed to provide a reasonable and comprehensive explanation for the delay in filing the record, as required by the Practice Manual and established case law. The delay was substantial and attributable to both the applicants and their attorney, who failed to act with the necessary urgency and did not adequately supervise the process. The applicants' reliance on the lockdown and funding difficulties was not supported by sufficient detail or urgency. Furthermore, the applicants' prospects of success in the review were weak, as the grounds advanced did not demonstrate that the arbitration award was unreasonable or reviewable. The cumulative failures in...

Court Disposition

Application for reinstatement of the review application dismissed; condonation for late filings refused; no order as to costs.

Orders

  • The application for reinstatement of the review application under case number D1262/19 is dismissed.
  • Condonation for the late filing of the record in the review application is refused.