Logtrans Plant and Truck Hire Civils v CCMA (D225/22) [2024] ZALCD 12 (28 February 2024)
The court found that, after considering the reasons for the late filing, the conduct of all relevant parties, and the timing of the 60-day period, it would not be just to deny the applicant the opportunity to proceed with its review application. The court condoned the late filing and reinstated the review application.
Source-derived case information.
- Citation
- [2024] ZALCD 12
- Parties
- Applicant: Logtrans Plant and Truck Hire Civils; Respondent: CCMA; Respondent: Commissioner William Mbatha N.O.; Respondent: Nkosana Ndebele
- Court
- Labour Court Durban
- Jurisdiction
- South Africa
- Case Number
- D225/22
- Procedural Posture
- Review Application / Application to Reinstate Review After Deemed Withdrawal
- Outcome
- The late filing of the review is condoned and the review application is reinstated. No order as to costs.
- Judges
- B Whitcher
- Legal Topics
- Practice Manual Labour Court, Condonation of Late Filing, Reinstatement of Review Application
Source-derived case record
Summary, issues, holding and outcome
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Parties
Logtrans Plant and Truck Hire Civils
Applicant
CCMA
Respondent
Commissioner William Mbatha N.O.
Respondent
Nkosana Ndebele
Respondent
Procedural Posture
Review Application / Application to Reinstate Review After Deemed Withdrawal
Legal Issues
- 1 Whether the late filing of the review application should be condoned.
- 2 Whether the review application, deemed withdrawn under the Practice Manual, should be reinstated.
Ratio Decidendi
The court found that, after considering the reasons for the late filing, the conduct of all relevant parties, and the timing of the 60-day period, it would not be just to deny the applicant the opportunity to proceed with its review application. The court condoned the late filing and reinstated the review application.
Court Disposition
The late filing of the review is condoned and the review application is reinstated. No order as to costs.
Orders
- The late filing of the review is condoned.
- The review application is reinstated.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN
Not Reportable
Case No: D 225/22
In the matter between:
LOGTRANS PLANT AND TRUCK HIRE CIVILS Applicant
And
CCMA
First Respondent
COMMISSIONER WILLIAM MBATHA N.O.
Second Respondent
NKOSANA NDEBELE
Third Respondent
Heard: 28 February 2024
Delivered: This judgment was delivered electronically to the parties by email. The date and time for hand-down is deemed to be 29 April 2024.
JUDGMENT
WHITCHER J
[1] This is an application to reinstate a review application deemed to have been withdrawn in terms of the Practice Manual of the Labour Court on account of the late filing of the record.
[2] Having considered the reason for the late filing of the review, the conduct of all relevant parties (the applicant, CCMA and the Registrar’s office) in relation to making the proper record available and filing same, the issue of when the 60-day period would have begun to commence and the contents of the record of proceedings before the arbitrator, I do not consider it just to deny the applicant the opportunity to proceed with its review application. In the circumstances I make the following order:
Order
1. The late filing of the review is condoned.
2. The review application is reinstated.
3. There is no order as to costs.
Benita Whitcher
Judge of the Labour Court of South Africa
APPEARANCES:
For the Applicant: Adv. P Dix, instructed by Maistry Motsine Attorneys
For the Third Respondent: Farrel Incorporated Attorneys