PSA obo Mbongo v General Public Service Sectoral Bargaining Council and Others (JR1960/19) [2021] ZALCJHB 349 (13 October 2021)

PSA obo Mbongo v General Public Service Sectoral Bargaining Council and Others (JR1960/19) [2021] ZALCJHB 349 (13 October 2021)

The Labour Court held that the applicant was required to bring the review application within six weeks of the rescission ruling, as prescribed by section 145 of the LRA. The application was filed outside this period, and no condonation application was submitted. In the absence of condonation, the court lacks jurisdiction to consider the review application. Accordingly, the application was struck off the roll for want of jurisdiction.

Citation
[2021] ZALCJHB 349
Parties
Applicant: PSA obo J Mbongo; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Dialwa Mathala N.O.; Respondent: Department of Correctional Service; Respondent: Minister of Justice and Correctional Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 October 2021
Case Number
JR1960/19
Procedural Posture
Review Application / Judgment on Review Application and Jurisdictional Point
Outcome
Application struck off the roll for want of jurisdiction.
Judges
Mahosi
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Jurisdiction of Labour Court, Rescission of Settlement Agreement
Labour Law Civil Procedure Review of Arbitration Award Condonation for Late Filing Jurisdiction of Labour Court Rescission of Settlement Agreement

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

PSA obo J Mbongo

Applicant

General Public Service Sectoral Bargaining Council

Respondent

Dialwa Mathala N.O.

Respondent

Department of Correctional Service

Respondent

Minister of Justice and Correctional Service

Respondent

Procedural Posture

Review Application / Judgment on Review Application and Jurisdictional Point

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to entertain the review application in the absence of a condonation application for late filing.
  2. 2 Whether the applicant was required to apply for condonation for the late filing of the review application under section 145 of the LRA.
  3. 3 Whether the rescission ruling issued by the arbitrator should be reviewed and set aside.

Ratio Decidendi

The Labour Court held that the applicant was required to bring the review application within six weeks of the rescission ruling, as prescribed by section 145 of the LRA. The application was filed outside this period, and no condonation application was submitted. In the absence of condonation, the court lacks jurisdiction to consider the review application. Accordingly, the application was struck off the roll for want of jurisdiction.

Court Disposition

Application struck off the roll for want of jurisdiction.

Orders

  • The application to review and set aside the rescission ruling issued by the second respondent under the auspices of the first respondent under case number GPBC 4727/2017 is struck off the roll for want of jurisdiction.
  • There is no order as to costs.