Kekana v Education Labour Relations Council and Others (JR1516/19) [2021] ZALCJHB 408 (1 November 2021)

Kekana v Education Labour Relations Council and Others (JR1516/19) [2021] ZALCJHB 408 (1 November 2021)

The court found the applicant's delay of 16 months in filing the review application to be excessive and inadequately explained. The explanations provided were unsatisfactory and did not account for each period of delay. The applicant's reliance on the Department to initiate review proceedings was unreasonable, as he...

Source-derived case information.

Citation
[2021] ZALCJHB 408
Parties
Applicant: Samuel Sello Kekana; Respondent: Education Labour Relations Council; Respondent: Gauteng Department of Education; Respondent: Trevor Wilkes N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 November 2021
Case Number
JR1516/19
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation and review dismissed; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Condonation, Disciplinary Procedure, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Condonation Disciplinary Procedure Procedural Fairness Substantive Fairness

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Samuel Sello Kekana

Applicant

Education Labour Relations Council

Respondent

Gauteng Department of Education

Respondent

Trevor Wilkes N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the applicant's late filing of the review application should be condoned.
  2. 2 Whether the arbitration award was reviewable on the grounds advanced by the applicant.
  3. 3 Whether the dismissal of the applicant was substantively and procedurally fair.

Ratio Decidendi

The court found the applicant's delay of 16 months in filing the review application to be excessive and inadequately explained. The explanations provided were unsatisfactory and did not account for each period of delay. The applicant's reliance on the Department to initiate review proceedings was unreasonable, as he was the aggrieved party. Even if condonation were granted, the review application lacked merit. The arbitrator's findings were reasonable and supported by uncontested evidence that the applicant persistently refused to obey lawful instructions and assaulted a Labour Relations Officer. The dismissal was both substantively and procedurally fair, and the compensation awarded for...

Court Disposition

Application for condonation and review dismissed; no order as to costs.

Orders

  • The applicant's application for the late filing of the review application is dismissed.
  • The applicant's application for review is dismissed.