Mbatha v Motsoeneng and Others (JR701/20) [2024] ZALCJHB 110 (5 March 2024)

Mbatha v Motsoeneng and Others (JR701/20) [2024] ZALCJHB 110 (5 March 2024)

The applicant failed to comply with the binding provisions of the Practice Manual and the Rules of the Labour Court, specifically items 11.2.2, 11.2.3, and 16, by not filing the required documents and not delivering a condonation application for late filing. Despite undertakings and correspondence, there was no substantive compliance or explanation that justified the delay. As a result, the review application is deemed withdrawn and there is no live matter before the Court. The Labour Court therefore lacks jurisdiction to adjudicate the application. The applicant union's excuses for non-compliance were found to be implausible and insufficient. Consequently, the application was struck off...

Citation
[2024] ZALCJHB 110
Parties
Applicant: Mthandeni Mbatha; Respondent: Commissioner Mbongeni Motsoeneng; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Pioneer Foods Pty Ltd t/a Sasko Aeroton Bakery
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2024
Case Number
JR701/20
Procedural Posture
Review Application / Application Struck Off Roll for Lack of Jurisdiction
Outcome
Application struck off the roll for lack of jurisdiction; costs awarded against the applicant union.
Judges
M. T. M. Phehane
Legal Topics
Unfair Labour Practice, Review of Arbitration Award, Practice Manual Non Compliance, Condonation Application, Jurisdiction, Costs Order
Labour Law Civil Procedure Unfair Labour Practice Review of Arbitration Award Practice Manual Non Compliance Condonation Application Jurisdiction Costs Order

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mthandeni Mbatha

Applicant

Commissioner Mbongeni Motsoeneng

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Pioneer Foods Pty Ltd t/a Sasko Aeroton Bakery

Respondent

Procedural Posture

Review Application / Application Struck Off Roll for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the review application is properly before the Labour Court in light of non-compliance with the Practice Manual and Rules.
  2. 2 Whether the applicant is entitled to condonation for late filing of the record and related documents.
  3. 3 Whether the Labour Court has jurisdiction to adjudicate the review application in the absence of condonation.

Ratio Decidendi

The applicant failed to comply with the binding provisions of the Practice Manual and the Rules of the Labour Court, specifically items 11.2.2, 11.2.3, and 16, by not filing the required documents and not delivering a condonation application for late filing. Despite undertakings and correspondence, there was no substantive compliance or explanation that justified the delay. As a result, the review application is deemed withdrawn and there is no live matter before the Court. The Labour Court therefore lacks jurisdiction to adjudicate the application. The applicant union's excuses for non-compliance were found to be implausible and insufficient. Consequently, the application was struck off...

Court Disposition

Application struck off the roll for lack of jurisdiction; costs awarded against the applicant union.

Orders

  • The application is struck off the roll for lack of jurisdiction.
  • The applicant union, Inqubelaphambili Trade Union, is ordered to pay the costs.