Lourens v Commission for Conciliation Mediation and Arbitration and Others (C788/2011) [2013] ZALCCT 16 (21 May 2013)

Lourens v Commission for Conciliation Mediation and Arbitration and Others (C788/2011) [2013] ZALCCT 16 (21 May 2013)

The court found that the applicant's explanation for the delay in filing the review application was wholly inadequate, lacking detail and failing to cover the entire period of delay. The applicant did not provide confirmatory affidavits or sufficient evidence regarding his financial constraints or the necessity of obtaining the record before filing. The court reiterated that condonation is not granted merely for the asking and that, without a reasonable and acceptable explanation for the delay, the prospects of success are immaterial. Furthermore, the applicant failed to demonstrate any reasonable prospects of success on review, as he did not reference the award or record in his...

Citation
[2013] ZALCCT 16
Parties
Applicant: Leon Lourens; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Western Cape Nature Conservation Board; Respondent: Joseph Wilson Thee
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
21 May 2013
Case Number
C788/2011
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review; Review of CCMA Arbitration Award
Outcome
Application for condonation for the late filing of the review is dismissed with costs.
Judges
D H Gush
Legal Topics
Condonation for Late Filing, Review of Arbitration Award, Unfair Dismissal, Reasonable Decision Maker
Labour Law Civil Procedure Condonation for Late Filing Review of Arbitration Award Unfair Dismissal Reasonable Decision Maker

Case Brief

Summary, issues, holding and outcome

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Parties

Leon Lourens

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Western Cape Nature Conservation Board

Respondent

Joseph Wilson Thee

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review; Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the applicant has provided a reasonable and acceptable explanation for the late filing of the review application.
  2. 2 Whether the applicant has reasonable prospects of success in reviewing the CCMA arbitration award.
  3. 3 Whether the award of the third respondent is one that a reasonable decision maker could have arrived at.

Ratio Decidendi

The court found that the applicant's explanation for the delay in filing the review application was wholly inadequate, lacking detail and failing to cover the entire period of delay. The applicant did not provide confirmatory affidavits or sufficient evidence regarding his financial constraints or the necessity of obtaining the record before filing. The court reiterated that condonation is not granted merely for the asking and that, without a reasonable and acceptable explanation for the delay, the prospects of success are immaterial. Furthermore, the applicant failed to demonstrate any reasonable prospects of success on review, as he did not reference the award or record in his...

Court Disposition

Application for condonation for the late filing of the review is dismissed with costs.

Orders

  • The applicant's application for condonation for the late filing of the review is dismissed with costs.