Moila v Shai NO and Others (JA 26/04) [2007] ZALAC 1; [2007] 5 BLLR 432 (LAC); (2007) 28 ILJ 1028 (LAC) (10 January 2007)

Moila v Shai NO and Others (JA 26/04) [2007] ZALAC 1; [2007] 5 BLLR 432 (LAC); (2007) 28 ILJ 1028 (LAC) (10 January 2007)

The Labour Appeal Court held that the appellant's delay in referring his alleged dismissal dispute to arbitration was excessive, exceeding one year beyond the prescribed ninety-day period. The explanations provided by the appellant for the delay were found to be baseless, unsubstantiated, and amounted to no explanation at all. The appellant failed to accept responsibility for the delay, instead blaming others without foundation. The Court found that, in such circumstances, condonation should be refused without considering prospects of success. Even if prospects were considered, the appellant's case was weak, as he had resigned by letter and there was no evidence of dismissal. The...

Citation
[2007] ZALAC 1
Parties
Appellant: Modisi Johannes Moila; Respondent: Piet Shai N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: University of the North
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
10 January 2007
Case Number
JA 26/04
Procedural Posture
Review Application / Appeal From Labour Court Judgment on Review
Outcome
Appeal dismissed.
Judges
Zondo JP, Mc Call AJA, A Kruger AJA
Legal Topics
Condonation, Unfair Dismissal, Late Referral, Prospects of Success, Voluntary Retrenchment, Resignation
Labour Law Civil Procedure Condonation Unfair Dismissal Late Referral Prospects of Success Voluntary Retrenchment Resignation

Case Brief

Summary, issues, holding and outcome

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Parties

Modisi Johannes Moila

Appellant

Piet Shai N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

University of the North

Respondent

Procedural Posture

Review Application / Appeal From Labour Court Judgment on Review

Legal Issues

  1. 1 Whether the appellant's delay in referring his alleged dismissal dispute to arbitration should be condoned.
  2. 2 Whether the appellant was dismissed or resigned from his employment with the third respondent.
  3. 3 Whether the commissioner and Labour Court erred in refusing condonation for late referral.

Ratio Decidendi

The Labour Appeal Court held that the appellant's delay in referring his alleged dismissal dispute to arbitration was excessive, exceeding one year beyond the prescribed ninety-day period. The explanations provided by the appellant for the delay were found to be baseless, unsubstantiated, and amounted to no explanation at all. The appellant failed to accept responsibility for the delay, instead blaming others without foundation. The Court found that, in such circumstances, condonation should be refused without considering prospects of success. Even if prospects were considered, the appellant's case was weak, as he had resigned by letter and there was no evidence of dismissal. The...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.
  • No order as to costs, as the appeal was unopposed.