Khan v Commission for Conciliation Mediation and Arbitration and Others (CA3/2018) [2019] ZALAC 47 (3 May 2019)

Khan v Commission for Conciliation Mediation and Arbitration and Others (CA3/2018) [2019] ZALAC 47 (3 May 2019)

The Labour Appeal Court held that the commissioner’s refusal to grant condonation for the late referral of the unfair dismissal dispute was reasonable and not arbitrary or capricious. The appellant was aware of his retirement date, had received notice, accepted retirement benefits, and had not objected to his retirement. His explanation for the delay was implausible and unacceptable. The prospects of success were poor, as the retirement was in accordance with company policy and the retirement fund rules. The Labour Court’s dismissal of the review application was correct, and there was no basis to interfere with the commissioner’s exercise of discretion.

Citation
[2019] ZALAC 47
Parties
Appellant: Blumerius Lodewyk Ezra Khan; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: N E Isaacs N.O.; Respondent: MMI Holdings Limited
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
3 May 2019
Case Number
CA3/2018
Procedural Posture
Labour Appeal / Appeal Against Labour Court Dismissal of Review Application
Outcome
Appeal dismissed with costs.
Judges
Coppin, Murphy, Savage
Legal Topics
Condonation of Late Referral, Unfair Dismissal, Retirement Age Policy, Exercise of Discretion, Prospects of Success
Labour Law Condonation of Late Referral Unfair Dismissal Retirement Age Policy Exercise of Discretion Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Blumerius Lodewyk Ezra Khan

Appellant

Commission for Conciliation Mediation and Arbitration

Respondent

N E Isaacs N.O.

Respondent

MMI Holdings Limited

Respondent

Procedural Posture

Labour Appeal / Appeal Against Labour Court Dismissal of Review Application

Legal Issues

  1. 1 Whether the commissioner exercised discretion properly in refusing condonation for late referral of an unfair dismissal dispute.
  2. 2 Whether the appellant provided an acceptable explanation for the delay in referring the dispute.
  3. 3 Whether the prospects of success justified condonation.

Ratio Decidendi

The Labour Appeal Court held that the commissioner’s refusal to grant condonation for the late referral of the unfair dismissal dispute was reasonable and not arbitrary or capricious. The appellant was aware of his retirement date, had received notice, accepted retirement benefits, and had not objected to his retirement. His explanation for the delay was implausible and unacceptable. The prospects of success were poor, as the retirement was in accordance with company policy and the retirement fund rules. The Labour Court’s dismissal of the review application was correct, and there was no basis to interfere with the commissioner’s exercise of discretion.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.