Nkosi v Education Labour Relations Bargaining Council and Others (JR2382/2007) [2016] ZALCJHB 184 (17 May 2016)

Nkosi v Education Labour Relations Bargaining Council and Others (JR2382/2007) [2016] ZALCJHB 184 (17 May 2016)

The applicant failed to provide any explanation for the lengthy delay between her dismissal and the referral of her dispute. The court found that the absence of a reasonable explanation for the delay, coupled with the extreme lateness of the referral, justified the Second Respondent's refusal to grant condonation. The applicant's grounds for review did not meet the requirements of the Labour Relations Act or the standards set out in Sidumo v Rustenburg Platinum Mines Ltd and Others. The application for condonation was therefore dismissed.

Citation
[2016] ZALCJHB 184
Parties
Applicant: Galati Nkosi; Respondent: Education Labour Relations Bargaining Council; Respondent: Chris Brunto; Respondent: Mpumalanga Department of Education
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 May 2016
Case Number
JR2382/2007
Procedural Posture
Review Application / Application for Review and Setting Aside of Condonation Ruling
Outcome
Application for condonation dismissed.
Judges
Pienaar
Legal Topics
Condonation, Unfair Dismissal, Late Referral, Review of Arbitration Award
Labour Law Civil Procedure Condonation Unfair Dismissal Late Referral Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Galati Nkosi

Applicant

Education Labour Relations Bargaining Council

Respondent

Chris Brunto

Respondent

Mpumalanga Department of Education

Respondent

Procedural Posture

Review Application / Application for Review and Setting Aside of Condonation Ruling

Legal Issues

  1. 1 Whether the applicant provided a sufficient explanation for the excessive delay in referring her dispute.
  2. 2 Whether the prospects of success and importance of the issue compensate for the delay.
  3. 3 Whether the Second Respondent's refusal to grant condonation was reviewable under the Labour Relations Act.

Ratio Decidendi

The applicant failed to provide any explanation for the lengthy delay between her dismissal and the referral of her dispute. The court found that the absence of a reasonable explanation for the delay, coupled with the extreme lateness of the referral, justified the Second Respondent's refusal to grant condonation. The applicant's grounds for review did not meet the requirements of the Labour Relations Act or the standards set out in Sidumo v Rustenburg Platinum Mines Ltd and Others. The application for condonation was therefore dismissed.

Court Disposition

Application for condonation dismissed.

Orders

  • The application for condonation is dismissed.
  • There is no order as to costs.