Mabe v Commission for Conciliation, Mediation and Arbitration and Others (JR1471/15) [2017] ZALCJHB 101 (29 March 2017)

Mabe v Commission for Conciliation, Mediation and Arbitration and Others (JR1471/15) [2017] ZALCJHB 101 (29 March 2017)

The court found that the applicant's explanation for the delay in referring his dismissal dispute was insufficient and unsupported by documentary evidence. The applicant failed to provide medical certificates or details of legal advice sought, despite claiming illness and attempts to obtain assistance. The delay was exceptionally long, and the applicant did not demonstrate that it was impossible to refer the dispute during the period in question. Furthermore, the applicant's prospects of success were poor, as both his own doctor and the employer's doctor confirmed his incapacity, and he had been granted disability benefits. The allegation of bias against the Commissioner was not...

Citation
[2017] ZALCJHB 101
Parties
Applicant: Simon Mabe; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: N Hlaba (N.O.); Respondent: ADT Security (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2017
Case Number
JR1471/15
Procedural Posture
Review Application / Judgment on Review of Condonation Ruling
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Condonation, Unfair Dismissal, Incapacity Dismissal, Reasonable Explanation for Delay, Apprehension of Bias
Labour Law Civil Procedure Condonation Unfair Dismissal Incapacity Dismissal Reasonable Explanation for Delay Apprehension of Bias

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Mabe

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

N Hlaba (N.O.)

Respondent

ADT Security (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Condonation Ruling

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for the excessive delay in referring his dismissal dispute.
  2. 2 Whether the applicant had reasonable prospects of success in the unfair dismissal claim.
  3. 3 Whether the conduct of the Commissioner gave rise to a reasonable apprehension of bias.

Ratio Decidendi

The court found that the applicant's explanation for the delay in referring his dismissal dispute was insufficient and unsupported by documentary evidence. The applicant failed to provide medical certificates or details of legal advice sought, despite claiming illness and attempts to obtain assistance. The delay was exceptionally long, and the applicant did not demonstrate that it was impossible to refer the dispute during the period in question. Furthermore, the applicant's prospects of success were poor, as both his own doctor and the employer's doctor confirmed his incapacity, and he had been granted disability benefits. The allegation of bias against the Commissioner was not...

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No order is made as to costs.