POPCRU obo Nkoko v GPSSBC and Others (C291/2018) [2022] ZALCCT 50 (10 August 2022)

POPCRU obo Nkoko v GPSSBC and Others (C291/2018) [2022] ZALCCT 50 (10 August 2022)

The court found that while the applicant was more senior, the selection of Mbombo was not irrational or motivated by improper considerations. Security experience was a relevant factor for the post, and the administrative defect regarding the driver's license and ID was substantially complied with. The delay in filing the record was excessive and inadequately explained, and the applicant failed to demonstrate reasonable prospects of success. Accordingly, condonation for the late filing of the review application was granted, but condonation for the late filing of the record was refused, and the review application remained withdrawn.

Citation
[2022] ZALCCT 50
Parties
Applicant: POPCRU obo Julian Nkoko; Respondent: GPSSBC; Respondent: Justice Nzembomboa (N.O.); Respondent: Department of Correctional Services
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
10 August 2022
Case Number
C291/2018
Procedural Posture
Review Application / Judgment on Review and Condonation Applications
Outcome
Condonation for the late filing of the review application is granted, but condonation for the late filing of the record is refused. The review application remains withdrawn.
Judges
Lagrange
Legal Topics
Unfair Labour Practice, Promotion Dispute, Condonation, Practice Manual Compliance, Review of Arbitration Award
Labour Law Unfair Labour Practice Promotion Dispute Condonation Practice Manual Compliance Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

POPCRU obo Julian Nkoko

Applicant

GPSSBC

Respondent

Justice Nzembomboa (N.O.)

Respondent

Department of Correctional Services

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation Applications

Legal Issues

  1. 1 Whether the failure to appoint the applicant to the post of Senior Correctional Officer constituted an unfair labour practice.
  2. 2 Whether condonation should be granted for the late filing of the review application and the record.
  3. 3 Whether the review application should be revived after being deemed withdrawn for non-compliance with the Labour Court Practice Manual.

Ratio Decidendi

The court found that while the applicant was more senior, the selection of Mbombo was not irrational or motivated by improper considerations. Security experience was a relevant factor for the post, and the administrative defect regarding the driver's license and ID was substantially complied with. The delay in filing the record was excessive and inadequately explained, and the applicant failed to demonstrate reasonable prospects of success. Accordingly, condonation for the late filing of the review application was granted, but condonation for the late filing of the record was refused, and the review application remained withdrawn.

Court Disposition

Condonation for the late filing of the review application is granted, but condonation for the late filing of the record is refused. The review application remains withdrawn.

Orders

  • The initial late filing of the review application is condoned.
  • The review application was subsequently deemed withdrawn.