Maseko v CCMA and Others (JR1282/10) [2016] ZALCJHB 322; (2017) 38 ILJ 203 (LC) (23 August 2016)

Maseko v CCMA and Others (JR1282/10) [2016] ZALCJHB 322; (2017) 38 ILJ 203 (LC) (23 August 2016)

The Bargaining Council's condonation ruling was set aside due to procedural irregularity: the Commissioner failed to notify the parties of his intention to decide the application on papers and did not obtain their consent, thereby denying the applicant a fair hearing. Upon rehearing the condonation application, the Court found the delay of three years and seven months to be excessive, the explanation for the delay to be poor, and no prospects of success on the merits. Consequently, the condonation application was dismissed. The Court declined to declare the applicant a vexatious litigant, as he succeeded on the procedural review ground, but ordered that he may not pursue further...

Citation
[2016] ZALCJHB 322
Parties
Applicant: Andile Aaron Maseko; Respondent: CCMA; Respondent: B S Mthethwa N.O.; Respondent: Sasol Infrachem (Pty) Ltd; Respondent: NBCCI
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 August 2016
Case Number
JR1282/10
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Condonation ruling set aside; condonation application dismissed; applicant barred from further litigation against Sasol until costs orders are satisfied and security is furnished; no order as to costs.
Judges
A Steenkamp
Legal Topics
Condonation, Review of Arbitration Award, Vexatious Litigation, Costs Orders, Unfair Dismissal, Employment Equity Act
Labour Law Civil Procedure Condonation Review of Arbitration Award Vexatious Litigation Costs Orders Unfair Dismissal Employment Equity Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Andile Aaron Maseko

Applicant

CCMA

Respondent

B S Mthethwa N.O.

Respondent

Sasol Infrachem (Pty) Ltd

Respondent

NBCCI

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the Bargaining Council's condonation ruling should be reviewed and set aside due to procedural irregularity.
  2. 2 Whether the applicant's condonation application before the Bargaining Council should be granted on the merits.
  3. 3 Whether the applicant should be declared a vexatious litigant or be barred from further litigation until costs orders are satisfied.

Ratio Decidendi

The Bargaining Council's condonation ruling was set aside due to procedural irregularity: the Commissioner failed to notify the parties of his intention to decide the application on papers and did not obtain their consent, thereby denying the applicant a fair hearing. Upon rehearing the condonation application, the Court found the delay of three years and seven months to be excessive, the explanation for the delay to be poor, and no prospects of success on the merits. Consequently, the condonation application was dismissed. The Court declined to declare the applicant a vexatious litigant, as he succeeded on the procedural review ground, but ordered that he may not pursue further...

Court Disposition

Condonation ruling set aside; condonation application dismissed; applicant barred from further litigation against Sasol until costs orders are satisfied and security is furnished; no order as to costs.

Orders

  • The condonation ruling by Commissioner Bhekinhlanhla Mthethwa under the NBCCI is reviewed and set aside.
  • It is replaced with a fresh ruling that the application for condonation of the applicant employee, Andile Aaron Maseko, is dismissed.