Mafumba and Others v Commission for Conciliation Mediation and Arbitration and Others (JR2880/17) [2019] ZALCJHB 253 (2 September 2019)

Mafumba and Others v Commission for Conciliation Mediation and Arbitration and Others (JR2880/17) [2019] ZALCJHB 253 (2 September 2019)

The court found that there was a genuine dispute regarding the computation of the delay in referring the dismissal dispute to the CCMA. The arbitrator's calculation of 195 days was challenged by the applicants, who provided evidence that the delay was only 53 days. This significant discrepancy could have materially affected the outcome of the condonation application. In the interests of justice, the court held that the ruling should be reviewed and set aside, and the matter remitted to the CCMA for rehearing before a different commissioner. The court made it clear that its decision was based solely on the dispute regarding the period of delay and not on any other findings by the arbitrator.

Citation
[2019] ZALCJHB 253
Parties
Applicant: Lunga Alfred Mafumba & 20 Others; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Elmien Wehncke; Respondent: Kit Kat Group; Respondent: Outsourcing For You
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 September 2019
Case Number
JR2880/17
Procedural Posture
Review Application / Judgment on Review of Condonation Ruling
Outcome
Ruling reviewed and set aside; matter remitted for rehearing before a different commissioner.
Judges
Van Niekerk
Legal Topics
Condonation of Late Referral, Review of Arbitration Award, Computation of Delay
Labour Law Civil Procedure Condonation of Late Referral Review of Arbitration Award Computation of Delay

Case Brief

Summary, issues, holding and outcome

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Parties

Lunga Alfred Mafumba & 20 Others

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Elmien Wehncke

Respondent

Kit Kat Group

Respondent

Outsourcing For You

Respondent

Procedural Posture

Review Application / Judgment on Review of Condonation Ruling

Legal Issues

  1. 1 Whether the arbitrator correctly computed the period of delay in the referral of the dismissal dispute.
  2. 2 Whether the interests of justice require the condonation ruling to be set aside and remitted for rehearing.

Ratio Decidendi

The court found that there was a genuine dispute regarding the computation of the delay in referring the dismissal dispute to the CCMA. The arbitrator's calculation of 195 days was challenged by the applicants, who provided evidence that the delay was only 53 days. This significant discrepancy could have materially affected the outcome of the condonation application. In the interests of justice, the court held that the ruling should be reviewed and set aside, and the matter remitted to the CCMA for rehearing before a different commissioner. The court made it clear that its decision was based solely on the dispute regarding the period of delay and not on any other findings by the arbitrator.

Court Disposition

Ruling reviewed and set aside; matter remitted for rehearing before a different commissioner.

Orders

  • The ruling issued by the second respondent on 5 November 2017 is reviewed and set aside.
  • The matter is remitted to the second respondent for rehearing before a commissioner other than the second respondent.