Leer v Commission for Conciliation Mediation Arbitration and Another (P306/98) [1998] ZALC 115 (19 November 1998)

Leer v Commission for Conciliation Mediation Arbitration and Another (P306/98) [1998] ZALC 115 (19 November 1998)

The court found that the CCMA commissioner committed a gross irregularity by failing to consider the surrounding circumstances and the significance of the advertisement, which placed the applicant on the trail of information suggesting he was misled about the reasons for his retrenchment. The applicant provided a reasonable explanation for the late referral and demonstrated a prima facie case with reasonable prospects of success. Therefore, the refusal of condonation was unjustifiable and unsustainable on the facts presented.

Citation
[1998] ZALC 115
Parties
Applicant: J S Leer; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Non-Ferrous Metal Works (SA) (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 November 1998
Case Number
P306/98
Procedural Posture
Review Application / Application for Review of CCMA Condonation Refusal
Outcome
The review application is granted; the CCMA's refusal of condonation is set aside.
Judges
A A Landman
Legal Topics
Condonation for Late Referral, Unfair Dismissal, Review of Ccma Award
Labour Law Civil Procedure Condonation for Late Referral Unfair Dismissal Review of Ccma Award

Case Brief

Summary, issues, holding and outcome

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Parties

J S Leer

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Non-Ferrous Metal Works (SA) (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Review of CCMA Condonation Refusal

Legal Issues

  1. 1 Whether the CCMA commissioner erred in refusing condonation for the late referral of the unfair dismissal dispute.
  2. 2 Whether the applicant provided a reasonable explanation for the delay in referring the dispute.
  3. 3 Whether the applicant has a prima facie case and reasonable prospects of success.

Ratio Decidendi

The court found that the CCMA commissioner committed a gross irregularity by failing to consider the surrounding circumstances and the significance of the advertisement, which placed the applicant on the trail of information suggesting he was misled about the reasons for his retrenchment. The applicant provided a reasonable explanation for the late referral and demonstrated a prima facie case with reasonable prospects of success. Therefore, the refusal of condonation was unjustifiable and unsustainable on the facts presented.

Court Disposition

The review application is granted; the CCMA's refusal of condonation is set aside.

Orders

  • The CCMA is directed to hold a conciliation hearing into the applicant's alleged unfair dismissal.
  • No order as to costs.