Kritzinger v Commission for Conciliation, Mediation and Arbitration and Others (JR 2254/05) [2007] ZALC 85 (9 November 2007)

Kritzinger v Commission for Conciliation, Mediation and Arbitration and Others (JR 2254/05) [2007] ZALC 85 (9 November 2007)

The applicant failed to provide a reasonable and acceptable explanation for the late filing of the review application and the late filing of the Rule 7A(8) notice. The explanations offered regarding difficulties in serving the CCMA and delays in obtaining the record were found to be inadequate and unreasonable. The applicant did not file a substantive condonation application and failed to address prospects of success. The court held that condonation is not a mere formality and must be properly motivated. Furthermore, the applicant's reservation in the settlement agreement did not preserve his right to challenge the fairness of the retrenchment before the CCMA, as he accepted payment in...

Citation
[2007] ZALC 85
Parties
Applicant: Johann Kritzinger; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Portia Molefe (Commissioner); Respondent: Barclays Bank
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 November 2007
Case Number
JR 2254/05
Procedural Posture
Review Application / Application to Review and Set Aside CCMA Jurisdictional Ruling
Outcome
Application dismissed with costs.
Judges
Molahlehi
Legal Topics
Condonation, Jurisdiction of Ccma, Unfair Dismissal, Settlement Agreement
Labour Law Civil Procedure Condonation Jurisdiction of Ccma Unfair Dismissal Settlement Agreement

Case Brief

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Parties

Johann Kritzinger

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Portia Molefe (Commissioner)

Respondent

Barclays Bank

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the applicant provided sufficient grounds for condonation of the late filing of the review application.
  2. 2 Whether the CCMA had jurisdiction to hear the unfair dismissal dispute after the applicant signed a settlement agreement.
  3. 3 Whether the commissioner erred in refusing the applicant's request for postponement to obtain legal representation.

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for the late filing of the review application and the late filing of the Rule 7A(8) notice. The explanations offered regarding difficulties in serving the CCMA and delays in obtaining the record were found to be inadequate and unreasonable. The applicant did not file a substantive condonation application and failed to address prospects of success. The court held that condonation is not a mere formality and must be properly motivated. Furthermore, the applicant's reservation in the settlement agreement did not preserve his right to challenge the fairness of the retrenchment before the CCMA, as he accepted payment in...

Court Disposition

Application dismissed with costs.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the costs of the respondents.