Rakomane and Others v General Public Service Sectoral Bargaining Council and Others (JR1341/2015) [2017] ZALCJHB 63 (22 February 2017)

Rakomane and Others v General Public Service Sectoral Bargaining Council and Others (JR1341/2015) [2017] ZALCJHB 63 (22 February 2017)

The court found that the applicants failed to comply with the time frames stipulated in section 145(1)(a) of the Labour Relations Act. The review application was filed approximately four weeks out of time, and no condonation application was made nor was any justification provided for the delay. The applicants did not submit any supplementary affidavit or proof to support their claim of late receipt of the award. In the absence of compliance with statutory requirements and without condonation, the review application was not properly before the court and was dismissed.

Citation
[2017] ZALCJHB 63
Parties
Applicant: Rakomane and 31 Others; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Commissioner David Seopela; Respondent: Department of Roads and Transport, Limpopo Province
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 February 2017
Case Number
JR1341/2015
Procedural Posture
Review Application / Pre Enrolment Hearing
Outcome
Review application dismissed for non-compliance with section 145(1)(a) of the Labour Relations Act.
Judges
Tlhotlhalemaje
Legal Topics
Condonation, Late Filing of Review, Section 145 Lra, Arbitration Award, Compliance With Timeframes
Labour Law Civil Procedure Condonation Late Filing of Review Section 145 Lra Arbitration Award Compliance With Timeframes

Case Brief

Summary, issues, holding and outcome

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Parties

Rakomane and 31 Others

Applicant

General Public Service Sectoral Bargaining Council

Respondent

Commissioner David Seopela

Respondent

Department of Roads and Transport, Limpopo Province

Respondent

Procedural Posture

Review Application / Pre Enrolment Hearing

Legal Issues

  1. 1 Whether the review application was filed within the statutory time frame prescribed by section 145(1)(a) of the Labour Relations Act.
  2. 2 Whether the applicants provided sufficient explanation or proof for the alleged late receipt of the arbitration award.
  3. 3 Whether condonation for late filing was sought or justified by the applicants.

Ratio Decidendi

The court found that the applicants failed to comply with the time frames stipulated in section 145(1)(a) of the Labour Relations Act. The review application was filed approximately four weeks out of time, and no condonation application was made nor was any justification provided for the delay. The applicants did not submit any supplementary affidavit or proof to support their claim of late receipt of the award. In the absence of compliance with statutory requirements and without condonation, the review application was not properly before the court and was dismissed.

Court Disposition

Review application dismissed for non-compliance with section 145(1)(a) of the Labour Relations Act.

Orders

  • The review application as launched by the applicants does not comply with the provisions of section 145(1)(a) of the Labour Relations Act and is accordingly dismissed.
  • There is no order as to costs.