Mnguni v Khanyile NO and Others (D 1064/2015) [2018] ZALCD 24 (15 November 2018)

Mnguni v Khanyile NO and Others (D 1064/2015) [2018] ZALCD 24 (15 November 2018)

The court held that the Commissioner properly considered the relevant factors for condonation, including the degree of lateness, the explanation for the delay, and prospects of success. The applicant failed to indicate the length of the delay and provided an inadequate explanation, relying on the absence of an appointment circular, which was irrelevant since he was aware of his non-shortlisting as early as February 2015. The applicant did not demonstrate any entitlement to be shortlisted or appointed, especially as the post was re-advertised and no appointment was made. The Commissioner’s conclusion that the applicant had not shown good cause or prospects of success was reasonable and...

Citation
[2018] ZALCD 24
Parties
Applicant: Linda Mnguni; Respondent: Commissioner H.P Khanyile NO; Respondent: South African Local Government Bargaining Council; Respondent: eThekwini Municipality
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
15 November 2018
Case Number
D 1064/2015
Procedural Posture
Review Application / Judgment on Review of Condonation Ruling
Outcome
Application to review and set aside the condonation ruling is dismissed with costs.
Judges
E Tlhotlhalemaje
Legal Topics
Condonation, Unfair Labour Practice, Review of Arbitration Award, Prospects of Success, Delay in Referral
Labour Law Civil Procedure Condonation Unfair Labour Practice Review of Arbitration Award Prospects of Success Delay in Referral

Case Brief

Summary, issues, holding and outcome

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Parties

Linda Mnguni

Applicant

Commissioner H.P Khanyile NO

Respondent

South African Local Government Bargaining Council

Respondent

eThekwini Municipality

Respondent

Procedural Posture

Review Application / Judgment on Review of Condonation Ruling

Legal Issues

  1. 1 Whether the Commissioner committed a reviewable irregularity in refusing condonation for the late referral of an unfair labour practice dispute.
  2. 2 Whether the applicant provided a reasonable explanation for the delay in referring the dispute.
  3. 3 Whether the applicant demonstrated prospects of success in the underlying unfair labour practice claim.

Ratio Decidendi

The court held that the Commissioner properly considered the relevant factors for condonation, including the degree of lateness, the explanation for the delay, and prospects of success. The applicant failed to indicate the length of the delay and provided an inadequate explanation, relying on the absence of an appointment circular, which was irrelevant since he was aware of his non-shortlisting as early as February 2015. The applicant did not demonstrate any entitlement to be shortlisted or appointed, especially as the post was re-advertised and no appointment was made. The Commissioner’s conclusion that the applicant had not shown good cause or prospects of success was reasonable and...

Court Disposition

Application to review and set aside the condonation ruling is dismissed with costs.

Orders

  • The application to review and set aside the condonation ruling issued by the First Respondent dated 21 October 2015 is dismissed with costs.