Jordaan v Commission For Conciliation, Mediation and Arbitration and Others (P 143/07) [2008] ZALC 54 (25 April 2008)

Jordaan v Commission For Conciliation, Mediation and Arbitration and Others (P 143/07) [2008] ZALC 54 (25 April 2008)

The court found that the applicant's review application was filed two weeks outside the prescribed six-week period following receipt of the arbitration award. No application for condonation was made, nor were any compelling reasons provided for the delay. The court emphasised that condonation in individual dismissal...

Source-derived case information.

Citation
[2008] ZALC 54
Parties
Applicant: Christina Jacoba Jordaan; Respondent: Commission For Conciliation, Mediation and Arbitration; Respondent: Commissioner J Van Der Walt; Respondent: Homenet Cornerstone; Respondent: Cornerstone Homenet; Respondent: Lance Derek Gouws; Respondent: Cornerstone Graphics CC t/a Homenet Cornerstone Beacon Bay; Respondent: Lance Derek Gouws in his capacity as member of Cornerstone Graphics CC Beacon Bay; Respondent: D. T. Gouws Properties CC t/a Homenet Cornerstone; Respondent: t/a Cornerstone Homenet
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
25 April 2008
Case Number
P 143/07
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Application to review the arbitration award is dismissed with costs.
Judges
Cele
Legal Topics
Condonation for Late Filing, Constructive Dismissal, Restraint of Trade, Review of Arbitration Award, Operational Requirements, Credibility Assessment
Labour Law Civil Procedure Condonation for Late Filing Constructive Dismissal Restraint of Trade Review of Arbitration Award Operational Requirements Credibility Assessment

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Summary, issues, holding and outcome

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Parties

Christina Jacoba Jordaan

Applicant

Commission For Conciliation, Mediation and Arbitration

Respondent

Commissioner J Van Der Walt

Respondent

Homenet Cornerstone

Respondent

Cornerstone Homenet

Respondent

Lance Derek Gouws

Respondent

Cornerstone Graphics CC t/a Homenet Cornerstone Beacon Bay

Respondent

Lance Derek Gouws in his capacity as member of Cornerstone Graphics CC Beacon Bay

Respondent

D. T. Gouws Properties CC t/a Homenet Cornerstone

Respondent

t/a Cornerstone Homenet

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the applicant's review application was filed within the prescribed six-week period under section 145(1)(a) of the Labour Relations Act.
  2. 2 Whether condonation for late filing should be granted in the absence of a formal application and compelling reasons.
  3. 3 Whether the commissioner misdirected himself on the facts and law in the arbitration award, particularly regarding the conflict of evidence and credibility findings.

Ratio Decidendi

The court found that the applicant's review application was filed two weeks outside the prescribed six-week period following receipt of the arbitration award. No application for condonation was made, nor were any compelling reasons provided for the delay. The court emphasised that condonation in individual dismissal disputes is not readily granted and requires a compelling excuse and a cogent case for review. While the applicant may have had grounds to challenge the arbitration award, her failure to apply for condonation and to provide reasons for the late filing was fatal to her application. The court concluded that the identified defect in the arbitration proceedings was not of a kind...

Court Disposition

Application to review the arbitration award is dismissed with costs.

Orders

  • The application to review the arbitration award dated 16 February 2007 issued by the second respondent is dismissed.
  • The applicant is ordered to pay the costs of this application.