Myeni v CCMA and Others (JR1506/13) [2015] ZALCJHB 208 (15 July 2015)

Myeni v CCMA and Others (JR1506/13) [2015] ZALCJHB 208 (15 July 2015)

The applicant failed to prosecute the review application timeously and provided no explanation for the delay, contravening the court's rules. The review application did not identify any discernible grounds for review under section 145 of the Labour Relations Act, nor did it allege any defect or gross irregularity in the arbitration award. The applicant admitted to breaching traffic regulations, which constituted negligence and justified dismissal. The arbitration award was well reasoned and contained no defect warranting interference. Accordingly, the review application was dismissed.

Citation
[2015] ZALCJHB 208
Parties
Applicant: Mandla Amos Myeni; Respondent: CCMA; Respondent: Mr N Mbelengwa N.O; Respondent: ADT Security (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 July 2015
Case Number
JR1506/13
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Review application dismissed.
Judges
Leppan
Legal Topics
Unfair Dismissal, Review Proceedings, Delay in Prosecution, Substantive Fairness, Negligence
Labour Law Civil Procedure Unfair Dismissal Review Proceedings Delay in Prosecution Substantive Fairness Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Mandla Amos Myeni

Applicant

CCMA

Respondent

Mr N Mbelengwa N.O

Respondent

ADT Security (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the applicant prosecuted the review application timeously and in compliance with the court's rules.
  2. 2 Whether the applicant identified valid grounds for review under section 145 of the Labour Relations Act.
  3. 3 Whether the arbitration award was defective or contained a gross irregularity justifying review.

Ratio Decidendi

The applicant failed to prosecute the review application timeously and provided no explanation for the delay, contravening the court's rules. The review application did not identify any discernible grounds for review under section 145 of the Labour Relations Act, nor did it allege any defect or gross irregularity in the arbitration award. The applicant admitted to breaching traffic regulations, which constituted negligence and justified dismissal. The arbitration award was well reasoned and contained no defect warranting interference. Accordingly, the review application was dismissed.

Court Disposition

Review application dismissed.

Orders

  • The applicant's review application is dismissed.
  • No order as to costs.