Ncube v CCMA (JR 761/02) [2002] ZALC 190 (20 November 2002)

Ncube v CCMA (JR 761/02) [2002] ZALC 190 (20 November 2002)

The court found that the CCMA's refusal to grant condonation was reviewable because the commissioner failed to properly consider the CCMA's own role in causing the delay due to its computer system being down. Furthermore, the commissioner overlooked the fact that the applicant did not know the reason for his dismissal, which is expressly contemplated by the Labour Relations Act. The failure to account for these factors constituted a gross irregularity. The condonation ruling was therefore set aside and the CCMA was ordered to convene an arbitration hearing within 30 days.

Citation
[2002] ZALC 190
Parties
Applicant: T Ncube; Respondent: CCMA
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 November 2002
Case Number
JR 761/02
Procedural Posture
Review Application / Application to Review and Set Aside CCMA Condonation Ruling
Outcome
Condonation ruling set aside; arbitration ordered.
Judges
Landman
Legal Topics
Condonation, Late Referral, Gross Irregularity, Dismissal, Arbitration Procedure
Labour Law Civil Procedure Condonation Late Referral Gross Irregularity Dismissal Arbitration Procedure

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

T Ncube

Applicant

CCMA

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside CCMA Condonation Ruling

Legal Issues

  1. 1 Whether the CCMA's refusal to grant condonation for late referral was reviewable.
  2. 2 Whether the applicant's explanation for the delay was adequately considered.
  3. 3 Whether the CCMA's own conduct contributed to the delay and was properly accounted for.

Ratio Decidendi

The court found that the CCMA's refusal to grant condonation was reviewable because the commissioner failed to properly consider the CCMA's own role in causing the delay due to its computer system being down. Furthermore, the commissioner overlooked the fact that the applicant did not know the reason for his dismissal, which is expressly contemplated by the Labour Relations Act. The failure to account for these factors constituted a gross irregularity. The condonation ruling was therefore set aside and the CCMA was ordered to convene an arbitration hearing within 30 days.

Court Disposition

Condonation ruling set aside; arbitration ordered.

Orders

  • The commissioner's ruling dated 28 December 2001 is reviewed and set aside.
  • The CCMA is ordered to convene an arbitration hearing within 30 days of the judgment.