Lilanda v Mthukwane and Others (JR1609/13) [2015] ZALCJHB 370 (8 October 2015)

Lilanda v Mthukwane and Others (JR1609/13) [2015] ZALCJHB 370 (8 October 2015)

The court held that the relevant SSSBC dispute procedure envisages two scenarios: if an appeal is lodged, the 30-day referral period starts when the appeal is exhausted; if no appeal is lodged, the period starts when the time to lodge an appeal lapses. In this case, the applicant failed to lodge his appeal within the prescribed 10-day period and his condonation application was refused. Therefore, the referral to the bargaining council should have been made within 30 days after the period to lodge an appeal expired, not after the condonation refusal. Any other interpretation would allow indefinite delays and undermine the principle of speedy resolution in labour law. The commissioner’s...

Citation
[2015] ZALCJHB 370
Parties
Applicant: Itumaleng Abraham Lilanda; Respondent: Mr J N Mthukwane; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Minister of Police; Respondent: South African Police Service: Commissioner of Police
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 October 2015
Case Number
JR1609/13
Procedural Posture
Review Application / Judgment
Outcome
The review application is dismissed with costs.
Judges
Cook
Legal Topics
Jurisdiction of Bargaining Council, Condonation, Unfair Dismissal, Internal Appeal Procedure
Labour Law Civil Procedure Jurisdiction of Bargaining Council Condonation Unfair Dismissal Internal Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Itumaleng Abraham Lilanda

Applicant

Mr J N Mthukwane

Respondent

Safety and Security Sectoral Bargaining Council

Respondent

Minister of Police

Respondent

South African Police Service: Commissioner of Police

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Safety and Security Sectoral Bargaining Council had jurisdiction to entertain the unfair dismissal dispute referred by the applicant.
  2. 2 Whether the referral to the bargaining council was made within the prescribed 30-day period after exhaustion of internal procedures.
  3. 3 Whether the applicant's late appeal and condonation application affected the calculation of the referral period.

Ratio Decidendi

The court held that the relevant SSSBC dispute procedure envisages two scenarios: if an appeal is lodged, the 30-day referral period starts when the appeal is exhausted; if no appeal is lodged, the period starts when the time to lodge an appeal lapses. In this case, the applicant failed to lodge his appeal within the prescribed 10-day period and his condonation application was refused. Therefore, the referral to the bargaining council should have been made within 30 days after the period to lodge an appeal expired, not after the condonation refusal. Any other interpretation would allow indefinite delays and undermine the principle of speedy resolution in labour law. The commissioner’s...

Court Disposition

The review application is dismissed with costs.

Orders

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