Hotelicca obo Molete and Others v van der Merwe NO and Others (JR 1853/17) [2020] ZALCJHB 157 (18 August 2020)

Hotelicca obo Molete and Others v van der Merwe NO and Others (JR 1853/17) [2020] ZALCJHB 157 (18 August 2020)

The court found that the delay in filing the review application was not excessive and the explanation, though lacking detail, was reasonable. However, the prospects of success on review were minimal, as the commissioner had properly considered the evidence, applied the correct legal test, and reached a reasonable conclusion. The applicants failed to demonstrate that the arbitration award was so unreasonable that no reasonable decision-maker could have reached it. Consequently, condonation for the late filing was refused, and the application was dismissed. The court declined to award costs, adhering to the convention in labour disputes.

Citation
[2020] ZALCJHB 157
Parties
Applicant: Hotelicca obo Abram Molete and 22 Others; Respondent: Minette van der Merwe N.O.; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: Premier Foods (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2020
Case Number
JR 1853/17
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed; condonation for late filing refused; no order as to costs.
Judges
van Niekerk
Legal Topics
Unfair Dismissal, Condonation, Review of Arbitration Award, Reasonable Decision Maker
Labour Law Civil Procedure Unfair Dismissal Condonation Review of Arbitration Award Reasonable Decision Maker

Case Brief

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Parties

Hotelicca obo Abram Molete and 22 Others

Applicant

Minette van der Merwe N.O.

Respondent

Commission for Conciliation Mediation & Arbitration

Respondent

Premier Foods (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether condonation for the late filing of the review application should be granted.
  2. 2 Whether the arbitration award dismissing the unfair dismissal claim was reviewable on the grounds of unreasonableness.

Ratio Decidendi

The court found that the delay in filing the review application was not excessive and the explanation, though lacking detail, was reasonable. However, the prospects of success on review were minimal, as the commissioner had properly considered the evidence, applied the correct legal test, and reached a reasonable conclusion. The applicants failed to demonstrate that the arbitration award was so unreasonable that no reasonable decision-maker could have reached it. Consequently, condonation for the late filing was refused, and the application was dismissed. The court declined to award costs, adhering to the convention in labour disputes.

Court Disposition

Application dismissed; condonation for late filing refused; no order as to costs.

Orders

  • The application is dismissed.