Legodi and Others v SSSBC and Others (JR685/06) [2018] ZALCJHB 150 (28 March 2018)

Legodi and Others v SSSBC and Others (JR685/06) [2018] ZALCJHB 150 (28 March 2018)

The court found that the delay of more than 15 months in filing the review application was inordinate and that the explanation provided by the applicant was unsatisfactory and incomplete. The applicant failed to articulate his prospects of success in sufficient detail, merely relying on his acquittal in the criminal court. The court emphasized the importance of expeditious resolution of labour disputes as reflected in section 145 of the Labour Relations Act and the Practice Manual. The respondent's interest in finality outweighed any interest the applicant might have in having the review application determined. The court refused condonation for the late filing and dismissed the review...

Citation
[2018] ZALCJHB 150
Parties
Applicant: A Legodi and Others; Respondent: SSSBC and Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2018
Case Number
JR685/06
Procedural Posture
Review Application / Application for Condonation of Late Review
Outcome
Condonation for the late filing of the review application is refused. The review application is dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Review of Arbitration Award, Delay in Filing, Prospects of Success
Labour Law Civil Procedure Condonation Review of Arbitration Award Delay in Filing Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

A Legodi and Others

Applicant

SSSBC and Others

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Review

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the explanation for the delay is satisfactory.
  3. 3 Whether the applicant has demonstrated prospects of success.

Ratio Decidendi

The court found that the delay of more than 15 months in filing the review application was inordinate and that the explanation provided by the applicant was unsatisfactory and incomplete. The applicant failed to articulate his prospects of success in sufficient detail, merely relying on his acquittal in the criminal court. The court emphasized the importance of expeditious resolution of labour disputes as reflected in section 145 of the Labour Relations Act and the Practice Manual. The respondent's interest in finality outweighed any interest the applicant might have in having the review application determined. The court refused condonation for the late filing and dismissed the review...

Court Disposition

Condonation for the late filing of the review application is refused. The review application is dismissed.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed.