Mokgale v Commission for Conciliation Mediation and Arbitration and Others (JR 420/11) [2013] ZALCJHB 157 (11 July 2013)

Mokgale v Commission for Conciliation Mediation and Arbitration and Others (JR 420/11) [2013] ZALCJHB 157 (11 July 2013)

The court found that the applicant failed to provide a satisfactory explanation for the excessive delay in referring his unfair dismissal dispute. The evidence that he was out of the country was either not drawn to the commissioner's attention or, if it was, was not material because he had ample time before and...

Source-derived case information.

Citation
[2013] ZALCJHB 157
Parties
Applicant: Albert Mokgale; Respondent: CCMA; Respondent: Commissioner Kagiso Nthite; Respondent: Sheikh Anta Diop College
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 July 2013
Case Number
JR 420/11
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the commissioner's ruling is dismissed.
Judges
T J Bruinders
Legal Topics
Condonation of Late Referral, Unfair Dismissal, Review of Arbitration Award
Labour Law Civil Procedure Condonation of Late Referral Unfair Dismissal Review of Arbitration Award

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Summary, issues, holding and outcome

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Parties

Albert Mokgale

Applicant

CCMA

Respondent

Commissioner Kagiso Nthite

Respondent

Sheikh Anta Diop College

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner erred in refusing condonation for the late referral of the unfair dismissal dispute.
  2. 2 Whether the applicant provided a satisfactory explanation for the delay in referring his dispute.
  3. 3 Whether the commissioner ignored material evidence presented by the applicant.

Ratio Decidendi

The court found that the applicant failed to provide a satisfactory explanation for the excessive delay in referring his unfair dismissal dispute. The evidence that he was out of the country was either not drawn to the commissioner's attention or, if it was, was not material because he had ample time before and after his absence to refer the dispute. The commissioner's rejection of the applicant's explanation, including the need for an attorney or funds, was reasonable and not a ground for review. Accordingly, there were no legal grounds to set aside the commissioner's ruling refusing condonation.

Court Disposition

Application to review and set aside the commissioner's ruling is dismissed.

Orders

  • The application to review and set aside the ruling made by commissioner Nthite under CCMA case number GAJB 141-11 is dismissed.
  • No costs order is made.