PSA obo Hyman and Others v Public Health and Social Development Bargaining Council and Others (C337/2020) [2023] ZALCCT 18 (4 May 2023)

PSA obo Hyman and Others v Public Health and Social Development Bargaining Council and Others (C337/2020) [2023] ZALCCT 18 (4 May 2023)

The court found that, although the explanations for the delays in filing the review application and answering affidavit were reasonable under the circumstances, the review application had lapsed, been archived, and was deemed withdrawn in terms of the Labour Court Practice Manual. No application for reinstatement was made, nor were grounds for reinstatement advanced in the affidavits. As a result, there was no review application pending before the court, and the court lacked jurisdiction to consider the condonation applications or the merits of the review. The matter was accordingly struck off the roll.

Citation
[2023] ZALCCT 18
Parties
Applicant: PSA obo Susan Hyman and 91 others; Respondent: Public Health and Social Development Bargaining Council; Respondent: Maureen De Beer (N.O.); Respondent: Department of Health – Western Cape
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
4 May 2023
Case Number
C337/2020
Procedural Posture
Review Application / Application to Review and Set Aside Arbitration Award; Condonation Applications for Late Filing; Matter Struck Off Roll for Lack of Jurisdiction
Outcome
Application struck off the roll for lack of jurisdiction; no order as to costs.
Judges
Lagrange
Legal Topics
Unfair Labour Practice, Condonation, Practice Manual Compliance, Arbitration Review, Performance Bonus Dispute
Labour Law Unfair Labour Practice Condonation Practice Manual Compliance Arbitration Review Performance Bonus Dispute

Case Brief

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Parties

PSA obo Susan Hyman and 91 others

Applicant

Public Health and Social Development Bargaining Council

Respondent

Maureen De Beer (N.O.)

Respondent

Department of Health – Western Cape

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside Arbitration Award; Condonation Applications for Late Filing; Matter Struck Off Roll for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the arbitrator erred in dismissing the unfair labour practice claim due to lack of evidence and documentation.
  2. 2 Whether the review application and answering affidavit should be condoned despite significant delays.
  3. 3 Whether the review application was deemed withdrawn, archived, or lapsed under the Labour Court Practice Manual, and if the court had jurisdiction to entertain the matter.

Ratio Decidendi

The court found that, although the explanations for the delays in filing the review application and answering affidavit were reasonable under the circumstances, the review application had lapsed, been archived, and was deemed withdrawn in terms of the Labour Court Practice Manual. No application for reinstatement was made, nor were grounds for reinstatement advanced in the affidavits. As a result, there was no review application pending before the court, and the court lacked jurisdiction to consider the condonation applications or the merits of the review. The matter was accordingly struck off the roll.

Court Disposition

Application struck off the roll for lack of jurisdiction; no order as to costs.

Orders

  • In the absence of a pending review application, the court has no jurisdiction to consider the condonation applications and the matter is struck off the roll.
  • No order is made as to costs.