SACCAWU and Others v Cash Paymaster Services (Pty) Ltd (J3104/99) [2000] ZALC 48 (19 June 2000)

SACCAWU and Others v Cash Paymaster Services (Pty) Ltd (J3104/99) [2000] ZALC 48 (19 June 2000)

The court found that the union failed to refer the dispute to the Labour Court within a reasonable period following the CCMA's unresolved certificate. The explanation for the delay between 23 March 1999 and 23 August 1999 was unsatisfactory, and the union did not adequately account for its conduct regarding the invalid replacement certificate. The affidavits supporting the condonation application lacked the necessary care and diligence, and the union did not fully explain its mistake or the circumstances leading to the delay. The union's prospects of success were not persuasive when weighed against the employer's detailed account and the warnings issued prior to dismissal. The employer...

Citation
[2000] ZALC 48
Parties
Applicant: SACCAWU and Others; Respondent: Cash Paymaster Services (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 June 2000
Case Number
J3104/99
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Statement of Claim
Outcome
Application for condonation refused. Applicants ordered to pay respondent's costs jointly and severally.
Judges
A A Landman
Legal Topics
Condonation, Unprotected Strike, Dismissal for Strike Action, Prospects of Success, Delay in Referral
Labour Law Civil Procedure Condonation Unprotected Strike Dismissal for Strike Action Prospects of Success Delay in Referral

Case Brief

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Parties

SACCAWU and Others

Applicant

Cash Paymaster Services (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Statement of Claim

Legal Issues

  1. 1 Whether the union's application for condonation of the late filing of the statement of claim should be granted.
  2. 2 Whether the delay in referring the dispute to the Labour Court was reasonable and adequately explained.
  3. 3 Whether the union has demonstrated good prospects of success in the main dispute.

Ratio Decidendi

The court found that the union failed to refer the dispute to the Labour Court within a reasonable period following the CCMA's unresolved certificate. The explanation for the delay between 23 March 1999 and 23 August 1999 was unsatisfactory, and the union did not adequately account for its conduct regarding the invalid replacement certificate. The affidavits supporting the condonation application lacked the necessary care and diligence, and the union did not fully explain its mistake or the circumstances leading to the delay. The union's prospects of success were not persuasive when weighed against the employer's detailed account and the warnings issued prior to dismissal. The employer...

Court Disposition

Application for condonation refused. Applicants ordered to pay respondent's costs jointly and severally.

Orders

  • The application for condonation is refused.
  • The applicants are ordered to pay the respondent's costs of the main application and this application, jointly and severally, the one paying the other to be absolved.