SAMWU obo Gorati v SALGBC and Others (JR1173/13) [2016] ZALCJHB 30 (3 February 2016)

SAMWU obo Gorati v SALGBC and Others (JR1173/13) [2016] ZALCJHB 30 (3 February 2016)

The court found that the applicant failed to provide a satisfactory and comprehensive explanation for the delay in filing the review application. The reasons advanced, including financial constraints, union membership issues, and municipal strikes, were not substantiated with sufficient detail. The applicant did not explain what steps were taken to secure financial assistance or clarify the nature of the union membership problem. Furthermore, the applicant failed to account for a period of twenty days and did not demonstrate prospects of success, as the email was disrespectful and not sent under provocation. The seriousness of the misconduct outweighed the applicant's clean disciplinary...

Citation
[2016] ZALCJHB 30
Parties
Applicant: SAMWU obo T P Gorati; Respondent: SALGBC; Respondent: AS Ntakob N.O; Respondent: Fezile Dabi District Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 February 2016
Case Number
JR1173/13
Procedural Posture
Review Application / Application for Condonation and Review of Arbitration Award
Outcome
Application for condonation and review dismissed with no order as to costs.
Judges
E.M Molahlehi
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Disciplinary Procedure, Insolence, Procedural Fairness
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Disciplinary Procedure Insolence Procedural Fairness

Case Brief

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Parties

SAMWU obo T P Gorati

Applicant

SALGBC

Respondent

AS Ntakob N.O

Respondent

Fezile Dabi District Municipality

Respondent

Procedural Posture

Review Application / Application for Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant has provided a reasonable and acceptable explanation for the delay in filing the review application.
  2. 2 Whether the applicant has prospects of success in the review of the arbitration award.
  3. 3 Whether condonation for the late filing of the review application should be granted.

Ratio Decidendi

The court found that the applicant failed to provide a satisfactory and comprehensive explanation for the delay in filing the review application. The reasons advanced, including financial constraints, union membership issues, and municipal strikes, were not substantiated with sufficient detail. The applicant did not explain what steps were taken to secure financial assistance or clarify the nature of the union membership problem. Furthermore, the applicant failed to account for a period of twenty days and did not demonstrate prospects of success, as the email was disrespectful and not sent under provocation. The seriousness of the misconduct outweighed the applicant's clean disciplinary...

Court Disposition

Application for condonation and review dismissed with no order as to costs.

Orders

  • The application to review and set aside the arbitration award made by the second respondent under case number FSD 091212 dated 20 December 2012 is dismissed.
  • No order as to costs.