Moss and Another v General Public Service Sectoral Bargaining Council (PHSDSBC) and Others (JR2268/16) [2021] ZALCJHB 190 (27 July 2021)

Moss and Another v General Public Service Sectoral Bargaining Council (PHSDSBC) and Others (JR2268/16) [2021] ZALCJHB 190 (27 July 2021)

The court found that the delay in filing the review application was inordinate, exceeding two years, and the explanation provided by the applicants was wholly inadequate. The applicants failed to provide a comprehensive, compelling, and convincing explanation for every period of the delay, as required. The court held that, in the absence of a satisfactory explanation, the prospects of success are immaterial. The prejudice to the third respondent and the need for expeditious resolution of labour disputes further weighed against granting condonation. The applicants did not discharge the onus to show good cause, and granting condonation would undermine the statutory purpose of the Labour...

Citation
[2021] ZALCJHB 190
Parties
Applicant: Johannes Botha Moss; Applicant: Lerato Conco; Respondent: General Public Service Sectoral Bargaining Council (PHSDSBC); Respondent: Commissioner J.N. Matshekga; Respondent: Department of Health – Limpopo Province
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 July 2021
Case Number
JR2268/16
Procedural Posture
Review Application / Condonation Application for Late Filing of Review
Outcome
Condonation for the late filing of the review application is refused.
Judges
Deane
Legal Topics
Condonation, Review of Arbitration Award, Late Filing, Expeditious Resolution, Onus of Explanation
Labour Law Civil Procedure Condonation Review of Arbitration Award Late Filing Expeditious Resolution Onus of Explanation

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 6 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Johannes Botha Moss

Applicant

Lerato Conco

Applicant

General Public Service Sectoral Bargaining Council (PHSDSBC)

Respondent

Commissioner J.N. Matshekga

Respondent

Department of Health – Limpopo Province

Respondent

Procedural Posture

Review Application / Condonation Application for Late Filing of Review

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the explanation for the delay is adequate and comprehensive.
  3. 3 Whether the prospects of success are relevant in the absence of a satisfactory explanation for the delay.

Ratio Decidendi

The court found that the delay in filing the review application was inordinate, exceeding two years, and the explanation provided by the applicants was wholly inadequate. The applicants failed to provide a comprehensive, compelling, and convincing explanation for every period of the delay, as required. The court held that, in the absence of a satisfactory explanation, the prospects of success are immaterial. The prejudice to the third respondent and the need for expeditious resolution of labour disputes further weighed against granting condonation. The applicants did not discharge the onus to show good cause, and granting condonation would undermine the statutory purpose of the Labour...

Court Disposition

Condonation for the late filing of the review application is refused.

Orders

  • Condonation for the late filing of the review application is refused.