Parker v V3 Consulting Engineers (Pty) Ltd (C243/99) [2000] ZALC 21 (27 March 2000)

Parker v V3 Consulting Engineers (Pty) Ltd (C243/99) [2000] ZALC 21 (27 March 2000)

The Labour Court found that section 191(6) of the Labour Relations Act does not require a party who has wrongly referred an operational requirements dispute to arbitration to apply to the CCMA director for transfer to the Labour Court. The applicant was entitled to refer the dispute directly to the Labour Court for adjudication. However, the referral was approximately 90 days late, and the explanation provided—reliance on the negligence of the applicant's previous attorneys—was unconvincing. The applicant was not without blame and failed to act with the necessary diligence. The degree of lateness, the poor explanation, and the lack of prospects of success led the Court to dismiss the...

Citation
[2000] ZALC 21
Parties
Applicant: A S Parker; Respondent: V3 Consulting Engineers (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 March 2000
Case Number
C243/99
Procedural Posture
Condonation Application / Application for Condonation of Late Referral to Labour Court
Outcome
Application for condonation dismissed; no order as to costs.
Judges
Arendse
Legal Topics
Condonation of Late Referral, Operational Requirements Dismissal, Jurisdiction of Labour Court, Ccma Transfer Procedure
Labour Law Condonation of Late Referral Operational Requirements Dismissal Jurisdiction of Labour Court Ccma Transfer Procedure

Case Brief

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Parties

A S Parker

Applicant

V3 Consulting Engineers (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the dispute without compliance with section 191(6) of the Labour Relations Act.
  2. 2 Whether the applicant's late referral of the dispute to the Labour Court should be condoned.

Ratio Decidendi

The Labour Court found that section 191(6) of the Labour Relations Act does not require a party who has wrongly referred an operational requirements dispute to arbitration to apply to the CCMA director for transfer to the Labour Court. The applicant was entitled to refer the dispute directly to the Labour Court for adjudication. However, the referral was approximately 90 days late, and the explanation provided—reliance on the negligence of the applicant's previous attorneys—was unconvincing. The applicant was not without blame and failed to act with the necessary diligence. The degree of lateness, the poor explanation, and the lack of prospects of success led the Court to dismiss the...

Court Disposition

Application for condonation dismissed; no order as to costs.

Orders

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