National Union of Mineworkers and Another v Eskom Holdings Ltd and Others (C 814/2008) [2010] ZALC 330 (9 June 2010)

National Union of Mineworkers and Another v Eskom Holdings Ltd and Others (C 814/2008) [2010] ZALC 330 (9 June 2010)

The applicants failed to provide a complete, convincing, and adequate explanation for the delay in launching the review application. The deficiencies in their explanation were not remedied in reply, and the court found that the prospects of success were immaterial in the absence of a reasonable explanation. Even considering the merits, the evidence showed that Kader was given multiple opportunities to meet performance standards but failed to do so over an extended period. Eskom's process was fair and complied with the relevant protocols. The arbitration award was detailed, reasoned, and not grossly irregular. The application for condonation was dismissed with costs.

Citation
[2010] ZALC 330
Parties
Applicant: National Union of Mineworkers; Applicant: Nasiba Kader; Respondent: Eskom Holdings Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Brian Williams N O
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 June 2010
Case Number
C 814/2008
Procedural Posture
Review Application / Application for Condonation of Late Filing of Review and Supplementary Affidavit
Outcome
Application for condonation of late filing of review application dismissed with costs.
Judges
A M de Swardt
Legal Topics
Condonation, Unfair Dismissal, Review of Arbitration Award, Performance Management, Procedural Fairness
Labour Law Civil Procedure Condonation Unfair Dismissal Review of Arbitration Award Performance Management Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Nasiba Kader

Applicant

Eskom Holdings Ltd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Brian Williams N O

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Filing of Review and Supplementary Affidavit

Legal Issues

  1. 1 Whether the applicants have shown good cause for condonation of the late filing of the review application and supplementary affidavit.
  2. 2 Whether the explanation for the delay is reasonable and acceptable.
  3. 3 Whether the prospects of success on review are material in the absence of a reasonable explanation for the delay.

Ratio Decidendi

The applicants failed to provide a complete, convincing, and adequate explanation for the delay in launching the review application. The deficiencies in their explanation were not remedied in reply, and the court found that the prospects of success were immaterial in the absence of a reasonable explanation. Even considering the merits, the evidence showed that Kader was given multiple opportunities to meet performance standards but failed to do so over an extended period. Eskom's process was fair and complied with the relevant protocols. The arbitration award was detailed, reasoned, and not grossly irregular. The application for condonation was dismissed with costs.

Court Disposition

Application for condonation of late filing of review application dismissed with costs.

Orders

  • The applicants' application for condonation of the launching of this application outside of the time limits prescribed by section 145 of the Labour Relations Act, No 66 of 1995, is dismissed, with costs.