Matlama v Transnet Bargaining Council and Others (JR1386/17) [2019] ZALCJHB 182 (31 July 2019)

Matlama v Transnet Bargaining Council and Others (JR1386/17) [2019] ZALCJHB 182 (31 July 2019)

The court found that the applicant's explanation for the delay in filing the review application was weak and largely unsupported, with no full account given for the period of delay. The applicant was properly informed of his rights and the referral process, both in writing and verbally. The loss of his wife, while sympathetic, was not substantiated with evidence or shown to have directly caused the delay. The Commissioner acted reasonably in finding the explanation unacceptable. On the merits, the applicant admitted guilt to theft both in disciplinary and criminal proceedings, which fundamentally undermined the employment relationship of trust. The allegations of procedural unfairness and...

Citation
[2019] ZALCJHB 182
Parties
Applicant: Lesala Matlama; Respondent: Transnet Bargaining Council; Respondent: Commissioner Ebrahim Patelia; Respondent: Transnet SOC Ltd trading as Transnet Capital Projects
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 July 2019
Case Number
JR1386/17
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Condonation for the late referral of the review application is granted, but the review application is dismissed.
Judges
Deane
Legal Topics
Condonation, Unfair Dismissal, Review of Arbitration Award, Disciplinary Procedure, Prospects of Success
Labour Law Civil Procedure Condonation Unfair Dismissal Review of Arbitration Award Disciplinary Procedure Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

Lesala Matlama

Applicant

Transnet Bargaining Council

Respondent

Commissioner Ebrahim Patelia

Respondent

Transnet SOC Ltd trading as Transnet Capital Projects

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the Commissioner committed a reviewable irregularity in refusing condonation for the late referral of the unfair dismissal dispute.
  3. 3 Whether the applicant established good cause for the late referral and review.

Ratio Decidendi

The court found that the applicant's explanation for the delay in filing the review application was weak and largely unsupported, with no full account given for the period of delay. The applicant was properly informed of his rights and the referral process, both in writing and verbally. The loss of his wife, while sympathetic, was not substantiated with evidence or shown to have directly caused the delay. The Commissioner acted reasonably in finding the explanation unacceptable. On the merits, the applicant admitted guilt to theft both in disciplinary and criminal proceedings, which fundamentally undermined the employment relationship of trust. The allegations of procedural unfairness and...

Court Disposition

Condonation for the late referral of the review application is granted, but the review application is dismissed.

Orders

  • Condonation for the late referral of the review application is granted.
  • The review application is dismissed.