Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18) [2025] ZALCJHB 123 (25 March 2025)

Nkosi and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2354/18) [2025] ZALCJHB 123 (25 March 2025)

Condonation for the late filing of the review application was refused due to a significant delay of 16 months and an unreasonable explanation for the delay. The applicants waited for the outcome of another arbitration in which they were not parties, which did not constitute a valid legal reason for the delay. Even if condonation were granted, the prospects of success were poor because the applicants failed to allege a ground of discrimination analogous to those listed in section 6(1) of the Employment Equity Act. The Labour Appeal Court in Naidoo v Parliament of the Republic of South Africa established that 'any other arbitrary ground' must be analogous to the listed grounds and not a...

Citation
[2025] ZALCJHB 123
Parties
Applicant: Amos Nkosi and Another; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sibongiseni Sithole N.O; Respondent: Barloworld
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 March 2025
Case Number
JR2354/18
Procedural Posture
Review Application / Condonation and Merits of Review Application
Outcome
Condonation for the late filing of the review application is refused and the review application is dismissed.
Judges
VG Mkwibiso
Legal Topics
Employment Equity Act, Unfair Discrimination, Equal Pay for Equal Work, Condonation, Arbitrary Ground, Unfair Labour Practice
Labour Law Employment Equity Act Unfair Discrimination Equal Pay for Equal Work Condonation Arbitrary Ground Unfair Labour Practice

Case Brief

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Parties

Amos Nkosi and Another

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Sibongiseni Sithole N.O

Respondent

Barloworld

Respondent

Procedural Posture

Review Application / Condonation and Merits of Review Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the Commissioner committed an irregularity in dismissing the applicants' unfair discrimination claim.
  3. 3 Whether the applicants established discrimination based on an arbitrary ground analogous to those listed in section 6(1) of the Employment Equity Act.

Ratio Decidendi

Condonation for the late filing of the review application was refused due to a significant delay of 16 months and an unreasonable explanation for the delay. The applicants waited for the outcome of another arbitration in which they were not parties, which did not constitute a valid legal reason for the delay. Even if condonation were granted, the prospects of success were poor because the applicants failed to allege a ground of discrimination analogous to those listed in section 6(1) of the Employment Equity Act. The Labour Appeal Court in Naidoo v Parliament of the Republic of South Africa established that 'any other arbitrary ground' must be analogous to the listed grounds and not a...

Court Disposition

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

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application against the arbitration award under case number GAEK449-17 dated 8 June 2017 is dismissed.