Katywa v Commissioner for Conciliation Mediation and Arbitration and Others (J4176/98) [2001] ZALC 26; [2001] 6 BLLR 617 (LC) (19 February 2001)

Katywa v Commissioner for Conciliation Mediation and Arbitration and Others (J4176/98) [2001] ZALC 26; [2001] 6 BLLR 617 (LC) (19 February 2001)

The court found that the delay in bringing the application for leave to appeal was excessive and not properly explained. The applicant failed to demonstrate good cause or reasonable prospects of success. His conduct before the CCMA was contemptuous and disruptive, resulting in the forfeiture of his right to...

Source-derived case information.

Citation
[2001] ZALC 26
Parties
Applicant: T R Katywa; Respondent: Commissioner for Conciliation Mediation and Arbitration; Respondent: Jammy, BM N.O.; Respondent: Pana Civil (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 February 2001
Case Number
J4176/98
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
E Revelas
Legal Topics
Ccma Arbitration, Condonation, Review of Arbitration Award, Unfair Dismissal, Procedural Fairness
Labour Law Civil Procedure Ccma Arbitration Condonation Review of Arbitration Award Unfair Dismissal Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

T R Katywa

Applicant

Commissioner for Conciliation Mediation and Arbitration

Respondent

Jammy, BM N.O.

Respondent

Pana Civil (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicant provided a proper explanation for the delay in bringing the application for leave to appeal.
  2. 2 Whether there are reasonable prospects of success on appeal regarding the dismissal of the review application.
  3. 3 Whether the applicant forfeited his right to arbitration by his conduct before the CCMA.

Ratio Decidendi

The court found that the delay in bringing the application for leave to appeal was excessive and not properly explained. The applicant failed to demonstrate good cause or reasonable prospects of success. His conduct before the CCMA was contemptuous and disruptive, resulting in the forfeiture of his right to arbitration. The CCMA's discretion in managing proceedings was exercised appropriately, and there were no grounds for judicial interference. The application for leave to appeal was dismissed as there was no reasonable prospect that another court would reach a different conclusion.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is advised that he may approach the Labour Appeal Court on petition to obtain leave to appeal.