Kruger and Another v MacGregor NO and Another (J123/99) [1999] ZALC 189 (18 June 1999)

Kruger and Another v MacGregor NO and Another (J123/99) [1999] ZALC 189 (18 June 1999)

The Labour Court held that non-compliance with the six week time limit in section 145 of the Labour Relations Act is not fatal to the institution of review proceedings. The absence of a statutory sanction for late filing, the potential for injustice, and the constitutional right of access to court and fair labour practices require that the Labour Court retain a discretionary power to condone late filing. The Court rejected the interpretation that the time limit is peremptory and not condonable, finding that such an approach would violate constitutional rights and the presumption against ousting judicial review. The applicants were granted leave to file a substantive condonation...

Citation
[1999] ZALC 189
Parties
Applicant: P S Kruger; Applicant: J J Pretorius; Respondent: R I MacGregor N.O.; Respondent: Salomon Senekal Beleggings (Edms) Bpk
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
18 June 1999
Case Number
J123/99
Procedural Posture
Review Application / Application for Review of Arbitration Award; Preliminary Issue of Condonation for Late Filing
Outcome
Application for review not dismissed for lateness; applicants granted leave to file condonation application; matter postponed; costs awarded against applicants.
Judges
G J Marcus
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Interpretation of Statutory Time Limits, Constitutional Right of Access to Court
Labour Law Civil Procedure Review of Arbitration Award Condonation for Late Filing Interpretation of Statutory Time Limits Constitutional Right of Access to Court

Case Brief

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 4 Authorities cited 30 Party arguments 2
Sign in to unlock

Parties

P S Kruger

Applicant

J J Pretorius

Applicant

R I MacGregor N.O.

Respondent

Salomon Senekal Beleggings (Edms) Bpk

Respondent

Procedural Posture

Review Application / Application for Review of Arbitration Award; Preliminary Issue of Condonation for Late Filing

Legal Issues

  1. 1 Is non-compliance with the six week time limit in section 145 of the Labour Relations Act fatal to a review application?
  2. 2 Does the Labour Court have the power to condone late filing of review applications under section 145?
  3. 3 How should section 145 be interpreted in light of the Constitution and common law principles?

Ratio Decidendi

The Labour Court held that non-compliance with the six week time limit in section 145 of the Labour Relations Act is not fatal to the institution of review proceedings. The absence of a statutory sanction for late filing, the potential for injustice, and the constitutional right of access to court and fair labour practices require that the Labour Court retain a discretionary power to condone late filing. The Court rejected the interpretation that the time limit is peremptory and not condonable, finding that such an approach would violate constitutional rights and the presumption against ousting judicial review. The applicants were granted leave to file a substantive condonation...

Court Disposition

Application for review not dismissed for lateness; applicants granted leave to file condonation application; matter postponed; costs awarded against applicants.

Orders

  • The applicants are given leave to file a substantive application for condonation.
  • The matter is postponed to a date to be arranged by the Registrar.