POPCRU obo Mulaudzi and Others v Bracks and Others (JR560/08) [2015] ZALCJHB 60 (27 February 2015)

POPCRU obo Mulaudzi and Others v Bracks and Others (JR560/08) [2015] ZALCJHB 60 (27 February 2015)

The applicant failed to provide a reasonable explanation for the delay in filing the review application, and the delay was not insignificant. The court found that the union, as a registered entity, was fully aware of the statutory time limits and the purpose behind them. Internal processes and delays in consulting attorneys did not constitute acceptable reasons for the late filing. Furthermore, the prospects of success were minimal, as the commissioner had applied a cautionary approach to the evidence of S Hunga, and the award was not so unreasonable as to fall outside the band of decisions to which reasonable decision-makers could come. Accordingly, condonation was refused and the review...

Citation
[2015] ZALCJHB 60
Parties
Applicant: POPCRU obo Mulaudzi & 4 Others; Respondent: Adv Ronnie Bracks; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: South African Police Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2015
Case Number
JR560/08
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review; Review of Arbitration Award
Outcome
Application for condonation for late filing of the review application is dismissed with costs.
Judges
Van Niekerk
Legal Topics
Condonation, Unfair Dismissal, Arbitration Review, Lateness of Filing, Prospects of Success
Labour Law Civil Procedure Condonation Unfair Dismissal Arbitration Review Lateness of Filing Prospects of Success

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 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

POPCRU obo Mulaudzi & 4 Others

Applicant

Adv Ronnie Bracks

Respondent

Safety and Security Sectoral Bargaining Council

Respondent

South African Police Services

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review; Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for the delay in filing the review application.
  2. 2 Whether the prospects of success justified condonation for the late filing.
  3. 3 Whether the arbitration award was reviewable on the grounds advanced by the applicant.

Ratio Decidendi

The applicant failed to provide a reasonable explanation for the delay in filing the review application, and the delay was not insignificant. The court found that the union, as a registered entity, was fully aware of the statutory time limits and the purpose behind them. Internal processes and delays in consulting attorneys did not constitute acceptable reasons for the late filing. Furthermore, the prospects of success were minimal, as the commissioner had applied a cautionary approach to the evidence of S Hunga, and the award was not so unreasonable as to fall outside the band of decisions to which reasonable decision-makers could come. Accordingly, condonation was refused and the review...

Court Disposition

Application for condonation for late filing of the review application is dismissed with costs.

Orders

  • The application for condonation for the late filing of the application for review is dismissed with costs.