SACCAWU obo Mogale and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1520/12) [2016] ZALCJHB 532 (6 September 2016)

SACCAWU obo Mogale and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1520/12) [2016] ZALCJHB 532 (6 September 2016)

The court found that the delay in filing the review application was significant, being more than double the prescribed period. The explanation provided by the applicant was unsatisfactory, as no adequate arrangements were made for the receipt and handling of the arbitration award during the official's absence. The union's conduct was negligent and did not provide a valid justification for the late filing. In accordance with established legal principles, where the delay is unacceptable and the explanation is inadequate, the court need not consider the prospects of success. Consequently, condonation for the late filing was refused and the review application dismissed.

Citation
[2016] ZALCJHB 532
Parties
Applicant: SACCAWU obo Mogale, T and 35 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Matlala L N.O.; Respondent: Pick n’ Pay Retailers (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 September 2016
Case Number
JR1520/12
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review
Outcome
Condonation for the late filing of the review application is refused and the review application is dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Late Filing of Review, Arbitration Award, Statutory Time Limits
Labour Law Civil Procedure Condonation Late Filing of Review Arbitration Award Statutory Time Limits

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 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

SACCAWU obo Mogale, T and 35 Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Matlala L N.O.

Respondent

Pick n’ Pay Retailers (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the explanation for the delay is satisfactory under the applicable legal principles.

Ratio Decidendi

The court found that the delay in filing the review application was significant, being more than double the prescribed period. The explanation provided by the applicant was unsatisfactory, as no adequate arrangements were made for the receipt and handling of the arbitration award during the official's absence. The union's conduct was negligent and did not provide a valid justification for the late filing. In accordance with established legal principles, where the delay is unacceptable and the explanation is inadequate, the court need not consider the prospects of success. Consequently, condonation for the late filing was refused and the review application dismissed.

Court Disposition

Condonation for the late filing of the review application is refused and the review application is dismissed.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed.