Makume v Commission for Conciliation Mediation and Arbitration and Others (JR 1587/20) [2022] ZALCJHB 199 (28 July 2022)

Makume v Commission for Conciliation Mediation and Arbitration and Others (JR 1587/20) [2022] ZALCJHB 199 (28 July 2022)

The court found that the commissioner properly exercised her discretion in refusing condonation for the applicant's late referral of her unfair dismissal dispute. The delay was substantial, and the applicant's explanation was vague, unsubstantiated, and unreasonable. The commissioner was correct in finding that,...

Source-derived case information.

Citation
[2022] ZALCJHB 199
Parties
Applicant: Thembeka Makume; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Zanele Sibiya N.O; Respondent: MMG South Africa Management Proprietary Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 July 2022
Case Number
JR 1587/20
Procedural Posture
Review Application / Judgment on Review of Condonation Ruling
Outcome
Application for review dismissed.
Judges
D Mahosi
Legal Topics
Condonation, Unfair Dismissal, Review of Arbitration Award, Late Referral, Discretion of Commissioner
Labour Law Civil Procedure Condonation Unfair Dismissal Review of Arbitration Award Late Referral Discretion of Commissioner

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Summary, issues, holding and outcome

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Parties

Thembeka Makume

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Zanele Sibiya N.O

Respondent

MMG South Africa Management Proprietary Limited

Respondent

Procedural Posture

Review Application / Judgment on Review of Condonation Ruling

Legal Issues

  1. 1 Whether the commissioner exercised her discretion judiciously and fairly in refusing condonation for the late referral of the unfair dismissal dispute.
  2. 2 Whether the explanation for the delay provided by the applicant was reasonable and acceptable.
  3. 3 Whether the commissioner was required to consider the prospects of success in the absence of a reasonable explanation for the delay.

Ratio Decidendi

The court found that the commissioner properly exercised her discretion in refusing condonation for the applicant's late referral of her unfair dismissal dispute. The delay was substantial, and the applicant's explanation was vague, unsubstantiated, and unreasonable. The commissioner was correct in finding that, absent a reasonable explanation for the delay, the prospects of success were immaterial. The applicant failed to demonstrate any misdirection or improper exercise of discretion by the commissioner. The grounds advanced for review were without merit, and there was no basis for the court to interfere with the commissioner's ruling.

Court Disposition

Application for review dismissed.

Orders

  • The applicant’s review application is dismissed.
  • There is no order as to costs.