SAMWU and Others v Uthungulu Municipality and Others (D1001/11) [2015] ZALCD 30 (28 May 2015)

SAMWU and Others v Uthungulu Municipality and Others (D1001/11) [2015] ZALCD 30 (28 May 2015)

Condonation for the late filing of the review application was granted as the delay was attributable to the applicants' former attorneys, not the applicants themselves, and denying condonation would result in injustice. The application to dismiss the review due to an incomplete record was refused because the missing evidence was not relied upon by the applicants and both parties accepted the Commissioner's summary of that evidence. On the merits, the review application was dismissed as the Commissioner considered all material evidence and issues, applied the correct legal principles, and her decision fell within the band of reasonableness established by the Sidumo test. The applicants...

Citation
[2015] ZALCD 30
Parties
Applicant: SAMWU; Applicant: S Nxumalo; Applicant: V Malinga; Respondent: Uthungulu Municipality; Respondent: South African Local Bargaining Council (SALGBC); Respondent: Commissioner N E Dubazane, NO
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
28 May 2015
Case Number
D1001/11
Procedural Posture
Review Application / Judgment on Review, Condonation, and Dismissal Applications
Outcome
Review application dismissed. Condonation granted. Application to dismiss review dismissed.
Judges
Rocher
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Procedural Fairness, Substantive Fairness, Shop Steward Discipline
Labour Law Civil Procedure Review of Arbitration Award Condonation for Late Filing Procedural Fairness Substantive Fairness Shop Steward Discipline

Case Brief

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Parties

SAMWU

Applicant

S Nxumalo

Applicant

V Malinga

Applicant

Uthungulu Municipality

Respondent

South African Local Bargaining Council (SALGBC)

Respondent

Commissioner N E Dubazane, NO

Respondent

Procedural Posture

Review Application / Judgment on Review, Condonation, and Dismissal Applications

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the incomplete record justifies dismissal of the review application.
  3. 3 Whether the arbitration award was reasonable and should be set aside under the Sidumo test.

Ratio Decidendi

Condonation for the late filing of the review application was granted as the delay was attributable to the applicants' former attorneys, not the applicants themselves, and denying condonation would result in injustice. The application to dismiss the review due to an incomplete record was refused because the missing evidence was not relied upon by the applicants and both parties accepted the Commissioner's summary of that evidence. On the merits, the review application was dismissed as the Commissioner considered all material evidence and issues, applied the correct legal principles, and her decision fell within the band of reasonableness established by the Sidumo test. The applicants...

Court Disposition

Review application dismissed. Condonation granted. Application to dismiss review dismissed.

Orders

  • The application to dismiss the review application is dismissed with no order as to costs.
  • The late filing of the review application dated 4 November 2011 is condoned with no order as to costs.