Maake v Commission for Conciliation, Mediation and Arbitration and Others (JR2313/16) [2024] ZALCJHB 481 (25 November 2024)

Maake v Commission for Conciliation, Mediation and Arbitration and Others (JR2313/16) [2024] ZALCJHB 481 (25 November 2024)

The Labour Court found that the review application was filed more than a year late, well outside the statutory six-week period prescribed by section 145 of the Labour Relations Act. No formal application for condonation was made, and the applicant's attempt to address condonation in a supplementary affidavit was procedurally and substantively inadequate. The explanation for the delay was vague, failed to cover all periods, and did not meet the threshold of being comprehensive or compelling. The applicant's acceptance and retention of compensation paid under the arbitration award, without objection or tender to repay, constituted peremption, barring further challenge to the award. The...

Citation
[2024] ZALCJHB 481
Parties
Applicant: Mahlokwe Jackson Maake; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Eva Ngobeni N.O; Respondent: Hernic Ferrochrome (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 November 2024
Case Number
JR2313/16
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
The review application is struck off the roll for lack of jurisdiction.
Judges
Connie Prinsloo
Legal Topics
Condonation, Jurisdiction, Unfair Dismissal, Peremption, Review of Arbitration Award
Labour Law Civil Procedure Condonation Jurisdiction Unfair Dismissal Peremption Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Mahlokwe Jackson Maake

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Eva Ngobeni N.O

Respondent

Hernic Ferrochrome (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the review application in the absence of a proper condonation application for late filing.
  2. 2 Whether the applicant provided a convincing and comprehensive explanation for the delay in filing the review application.
  3. 3 Whether the applicant's acceptance and retention of compensation paid under the arbitration award constitutes peremption, barring further challenge.

Ratio Decidendi

The Labour Court found that the review application was filed more than a year late, well outside the statutory six-week period prescribed by section 145 of the Labour Relations Act. No formal application for condonation was made, and the applicant's attempt to address condonation in a supplementary affidavit was procedurally and substantively inadequate. The explanation for the delay was vague, failed to cover all periods, and did not meet the threshold of being comprehensive or compelling. The applicant's acceptance and retention of compensation paid under the arbitration award, without objection or tender to repay, constituted peremption, barring further challenge to the award. The...

Court Disposition

The review application is struck off the roll for lack of jurisdiction.

Orders

  • The review application is struck off the roll for lack of jurisdiction.
  • There is no order as to costs.