Mabunda v G4S Cash Services (JR 1634/10, J 173/13) [2015] ZALCJHB 102 (4 March 2015)

Mabunda v G4S Cash Services (JR 1634/10, J 173/13) [2015] ZALCJHB 102 (4 March 2015)

The respondent failed to provide a satisfactory explanation for the entire period of delay in filing both the review and condonation applications. The founding affidavit contained inadmissible hearsay evidence, and no explanation was given for significant periods of lateness. The respondent's reliance on the bargaining council's failure to provide the record did not absolve it of responsibility, as alternative remedies were available. The respondent's argument regarding prejudice was rejected, as the applicant continued to suffer prejudice due to the respondent's delay. In the interests of justice, condonation was refused, and the review application was dismissed. The arbitration award...

Citation
[2015] ZALCJHB 102
Parties
Applicant: Oscar Mabunda; Respondent: G4S Cash Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 March 2015
Case Number
JR 1634/10, J 173/13
Procedural Posture
Review Application / Judgment on Condonation and Enforcement of Arbitration Award
Outcome
Condonation for late filing of the review application is refused; the review application is dismissed; the arbitration award is made an order of court; costs are awarded against the respondent.
Judges
Lallie
Legal Topics
Condonation, Unfair Dismissal, Arbitration Award Enforcement, Late Filing, Costs Order
Labour Law Civil Procedure Condonation Unfair Dismissal Arbitration Award Enforcement Late Filing Costs Order

Case Brief

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Parties

Oscar Mabunda

Applicant

G4S Cash Services

Respondent

Procedural Posture

Review Application / Judgment on Condonation and Enforcement of Arbitration Award

Legal Issues

  1. 1 Whether the respondent has shown good cause for condonation of the late filing of the review application.
  2. 2 Whether the arbitration award should be made an order of court under section 158(1)(c) of the LRA.
  3. 3 Whether a costs order should be granted against the respondent.

Ratio Decidendi

The respondent failed to provide a satisfactory explanation for the entire period of delay in filing both the review and condonation applications. The founding affidavit contained inadmissible hearsay evidence, and no explanation was given for significant periods of lateness. The respondent's reliance on the bargaining council's failure to provide the record did not absolve it of responsibility, as alternative remedies were available. The respondent's argument regarding prejudice was rejected, as the applicant continued to suffer prejudice due to the respondent's delay. In the interests of justice, condonation was refused, and the review application was dismissed. The arbitration award...

Court Disposition

Condonation for late filing of the review application is refused; the review application is dismissed; the arbitration award is made an order of court; costs are awarded against the respondent.

Orders

  • The application for condonation of the late filing of the review application is dismissed.
  • The application for review is dismissed.