National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JS377/14) [2019] ZALCJHB 323 (11 October 2019)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JS377/14) [2019] ZALCJHB 323 (11 October 2019)

The court found that the applicants failed to provide a satisfactory and detailed explanation for the delay in filing the review application. The explanation offered did not cover the full period and lacked specificity regarding the steps taken after the instruction to proceed with the review. The applicants also failed to demonstrate any prospects of success in the review application, as their grounds amounted to a broad-based attack on the arbitrator's assessment of evidence and credibility findings, which are not reviewable unless irrational or unreasonable. The interests of expeditious dispute resolution and finality, given the age of the award, outweighed any justification for...

Citation
[2019] ZALCJHB 323
Parties
Applicant: National Union of Mineworkers; Applicant: Petrus Mnisi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Harold Ntale Matsepe N.O; Respondent: Modikwa Platinum Mines
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 October 2019
Case Number
JS377/14
Procedural Posture
Review Application / Application for Condonation and Review of Arbitration Award
Outcome
Condonation for the late filing of the review application is refused. The review application is dismissed. No order as to costs.
Judges
Van Niekerk
Legal Topics
Condonation for Late Filing, Review of Arbitration Award, Procedural Fairness, Unfair Dismissal
Labour Law Civil Procedure Condonation for Late Filing Review of Arbitration Award Procedural Fairness Unfair Dismissal

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 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

National Union of Mineworkers

Applicant

Petrus Mnisi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Harold Ntale Matsepe N.O

Respondent

Modikwa Platinum Mines

Respondent

Procedural Posture

Review Application / Application for Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the applicants have provided a satisfactory explanation for the delay.
  3. 3 Whether the applicants have prospects of success in the review application.

Ratio Decidendi

The court found that the applicants failed to provide a satisfactory and detailed explanation for the delay in filing the review application. The explanation offered did not cover the full period and lacked specificity regarding the steps taken after the instruction to proceed with the review. The applicants also failed to demonstrate any prospects of success in the review application, as their grounds amounted to a broad-based attack on the arbitrator's assessment of evidence and credibility findings, which are not reviewable unless irrational or unreasonable. The interests of expeditious dispute resolution and finality, given the age of the award, outweighed any justification for...

Court Disposition

Condonation for the late filing of the review application is refused. The review application is dismissed. No order as to costs.

Orders

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