NEHAWU obo Mofekeng and Others v Charlotte Theron Children’s Home (JS214/01) [2003] ZALC 161; (2003) 24 ILJ 1572 (LC); [2003] 8 BLLR 781 (LC) (25 March 2003)

NEHAWU obo Mofekeng and Others v Charlotte Theron Children’s Home (JS214/01) [2003] ZALC 161; (2003) 24 ILJ 1572 (LC); [2003] 8 BLLR 781 (LC) (25 March 2003)

The court found that the applicants' explanation for the delay in referring their disputes was unsatisfactory, unsupported by affidavits from those with direct knowledge, and likely false. The time taken to refer the disputes exceeded the reasonable 90-day period by four and a half months. The applicants failed to demonstrate prospects of success on the merits, as they did not substantively contest the respondent's case or provide particulars supporting their suitability for alternative positions. The court held that fairness and the interests of justice required dismissal of the condonation application, as the respondent should not be burdened with defending stale claims.

Citation
[2003] ZALC 161
Parties
Applicant: NEHAWU obo Mofekeng and Others; Respondent: Charlotte Theron Children's Home
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
25 March 2003
Case Number
JS214/01
Procedural Posture
Condonation Application / Application for Condonation of Late Referral to Labour Court
Outcome
Application for condonation dismissed; applicants ordered to pay costs.
Judges
F G Barrie
Legal Topics
Condonation, Unfair Dismissal, Unfair Discrimination, Employment Equity Act, Jurisdiction, Late Referral
Labour Law Condonation Unfair Dismissal Unfair Discrimination Employment Equity Act Jurisdiction Late Referral

Case Brief

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Parties

NEHAWU obo Mofekeng and Others

Applicant

Charlotte Theron Children's Home

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Referral to Labour Court

Legal Issues

  1. 1 Whether the applicants have provided a satisfactory explanation for the late referral of their unfair dismissal and unfair discrimination disputes to the Labour Court.
  2. 2 What constitutes a reasonable time for referral of unfair discrimination disputes for adjudication under section 10(6) of the Employment Equity Act.
  3. 3 Whether the applicants have prospects of success on the merits of their claims.

Ratio Decidendi

The court found that the applicants' explanation for the delay in referring their disputes was unsatisfactory, unsupported by affidavits from those with direct knowledge, and likely false. The time taken to refer the disputes exceeded the reasonable 90-day period by four and a half months. The applicants failed to demonstrate prospects of success on the merits, as they did not substantively contest the respondent's case or provide particulars supporting their suitability for alternative positions. The court held that fairness and the interests of justice required dismissal of the condonation application, as the respondent should not be burdened with defending stale claims.

Court Disposition

Application for condonation dismissed; applicants ordered to pay costs.

Orders

  • The application for condonation is dismissed.
  • The applicants are ordered to pay the respondent's costs, jointly and severally, the one paying the others to be absolved.