Mofokeng and Another v The GPSSBC and Others (JR 1678/21) [2023] ZALCJHB 64 (17 March 2023)

Mofokeng and Another v The GPSSBC and Others (JR 1678/21) [2023] ZALCJHB 64 (17 March 2023)

The court held that the commissioner exercised discretion appropriately in refusing condonation for the late referral of the unfair dismissal dispute. The applicants failed to provide a reasonable explanation for the delay, particularly for the period between February and June 2020. The Covid-19 lockdown did not constitute a sufficient excuse. Furthermore, the applicants did not establish a right to an oral hearing under the GPSSBC rules, distinguishing their case from Kungwini, which concerned CCMA rules. The applicants had no reasonable prospects of success, as their fixed-term contracts had expired and no reasonable expectation of renewal existed. The court found no basis to interfere...

Citation
[2023] ZALCJHB 64
Parties
Applicant: Vincent Richard Mofokeng; Applicant: Mamohapi Princess Mofokeng; Respondent: THE GPSSBC; Respondent: Commissioner R De Wet N. O; Respondent: Gauteng Department of Sports, Arts, Culture and Recreation
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 March 2023
Case Number
JR 1678/21
Procedural Posture
Review Application / Judgment on Review of Condonation Ruling
Outcome
The application for review is dismissed.
Judges
GN Moshoana
Legal Topics
Condonation, Unfair Dismissal, Exercise of Discretion, Late Referral, Fixed Term Contracts
Labour Law Civil Procedure Condonation Unfair Dismissal Exercise of Discretion Late Referral Fixed Term Contracts

Case Brief

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Parties

Vincent Richard Mofokeng

Applicant

Mamohapi Princess Mofokeng

Applicant

THE GPSSBC

Respondent

Commissioner R De Wet N. O

Respondent

Gauteng Department of Sports, Arts, Culture and Recreation

Respondent

Procedural Posture

Review Application / Judgment on Review of Condonation Ruling

Legal Issues

  1. 1 Whether the commissioner erred in refusing condonation for late referral of the unfair dismissal dispute.
  2. 2 Whether the applicants were entitled to an oral hearing of their condonation application before the bargaining council.
  3. 3 Whether the applicants provided a reasonable explanation for the delay in referring their dispute.

Ratio Decidendi

The court held that the commissioner exercised discretion appropriately in refusing condonation for the late referral of the unfair dismissal dispute. The applicants failed to provide a reasonable explanation for the delay, particularly for the period between February and June 2020. The Covid-19 lockdown did not constitute a sufficient excuse. Furthermore, the applicants did not establish a right to an oral hearing under the GPSSBC rules, distinguishing their case from Kungwini, which concerned CCMA rules. The applicants had no reasonable prospects of success, as their fixed-term contracts had expired and no reasonable expectation of renewal existed. The court found no basis to interfere...

Court Disposition

The application for review is dismissed.

Orders

  • The late filing of the review application is condoned.
  • The application for review is dismissed.