Ramadie and Another v Department of Health and Others (JR1346/2016) [2020] ZALCJHB 141 (11 August 2020)

Ramadie and Another v Department of Health and Others (JR1346/2016) [2020] ZALCJHB 141 (11 August 2020)

The Labour Court lacks jurisdiction to hear the review application because the applicants failed to comply with the Practice Manual by not filing the record within the prescribed period, not seeking condonation for the late filing, and not applying for revival after the application lapsed and was archived. The applicants did not provide adequate reasons for the entire period of delay nor did they seek the court's indulgence. The Practice Manual's provisions are binding, and in the absence of compliance or good cause shown, the application must be dismissed. Costs follow the result due to the applicants' unreasonable and frivolous conduct.

Citation
[2020] ZALCJHB 141
Parties
Applicant: Julian Marure Ramadie; Applicant: Nkwaila Kwakwa; Respondent: The Department of Health: Mpumalanga; Respondent: PHSDSBC; Respondent: James Matshekga
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 August 2020
Case Number
JR1346/2016
Procedural Posture
Review Application / Judgment on Review Application and Jurisdiction
Outcome
Application dismissed for lack of jurisdiction; struck from the roll; costs awarded against applicants.
Judges
T Deane
Legal Topics
Practice Manual Compliance, Condonation, Jurisdiction, Archiving of Review Applications, Unfair Labour Practice, Collective Agreement Interpretation
Labour Law Civil Procedure Practice Manual Compliance Condonation Jurisdiction Archiving of Review Applications Unfair Labour Practice Collective Agreement Interpretation

Case Brief

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Parties

Julian Marure Ramadie

Applicant

Nkwaila Kwakwa

Applicant

The Department of Health: Mpumalanga

Respondent

PHSDSBC

Respondent

James Matshekga

Respondent

Procedural Posture

Review Application / Judgment on Review Application and Jurisdiction

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to hear the review application after excessive delay and archiving.
  2. 2 Whether the applicants complied with the Practice Manual regarding filing of records and condonation.
  3. 3 Whether the review application should be revived or dismissed for lack of prosecution.

Ratio Decidendi

The Labour Court lacks jurisdiction to hear the review application because the applicants failed to comply with the Practice Manual by not filing the record within the prescribed period, not seeking condonation for the late filing, and not applying for revival after the application lapsed and was archived. The applicants did not provide adequate reasons for the entire period of delay nor did they seek the court's indulgence. The Practice Manual's provisions are binding, and in the absence of compliance or good cause shown, the application must be dismissed. Costs follow the result due to the applicants' unreasonable and frivolous conduct.

Court Disposition

Application dismissed for lack of jurisdiction; struck from the roll; costs awarded against applicants.

Orders

  • The review application under case number JR1346/2016 has lapsed and been archived in terms of the Practice Manual.
  • This Court lacks the jurisdiction to hear the review application.