SAMWU obo Shongwe and Others v Commissioner Moloi NO and Others (JA81/19) [2020] ZALAC 67 (7 December 2020)

SAMWU obo Shongwe and Others v Commissioner Moloi NO and Others (JA81/19) [2020] ZALAC 67 (7 December 2020)

The Labour Appeal Court found that the Labour Court erred in refusing condonation for the late filing of the rule 7A(8)(b) notice and in dismissing the review application. Applying the principles from IMATU, the Court held that the interests of justice required the merits of the review to be considered, especially as the delay was explained by changes in legal representation and issues with the record. The arbitrator's ruling on prescription was materially irregular, as the monetary claims were not before him and the referral to the CCMA could not prescribe. The CCMA had jurisdiction to determine the interpretation and application dispute, and the arbitrator's contrary conclusion was...

Citation
[2020] ZALAC 67
Parties
Appellant: SAMWU obo K Shongwe & 45 Others; Respondent: Commissioner L Moloi N.O.; Respondent: CCMA; Respondent: City of Johannesburg
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
7 December 2020
Case Number
JA81/19
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Dismissing Review and Condonation Applications
Outcome
Appeal upheld; Labour Court order set aside and substituted.
Judges
Phatshoane, Coppin, Kathree-Setiloane
Legal Topics
Condonation of Late Filing, Review of Jurisdictional Ruling, Prescription Act Application, Collective Agreement Interpretation, Delay in Prosecution, Rule 7a Notice
Labour Law Civil Procedure Condonation of Late Filing Review of Jurisdictional Ruling Prescription Act Application Collective Agreement Interpretation Delay in Prosecution Rule 7a Notice

Case Brief

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Parties

SAMWU obo K Shongwe & 45 Others

Appellant

Commissioner L Moloi N.O.

Respondent

CCMA

Respondent

City of Johannesburg

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Dismissing Review and Condonation Applications

Legal Issues

  1. 1 Whether the Labour Court erred in refusing condonation for the late filing of the rule 7A(8)(b) notice and dismissing the review application.
  2. 2 Whether the arbitrator's jurisdictional ruling was correct regarding prescription and CCMA jurisdiction.
  3. 3 Whether the delay in prosecution of the review justified dismissal under the Labour Relations Act.

Ratio Decidendi

The Labour Appeal Court found that the Labour Court erred in refusing condonation for the late filing of the rule 7A(8)(b) notice and in dismissing the review application. Applying the principles from IMATU, the Court held that the interests of justice required the merits of the review to be considered, especially as the delay was explained by changes in legal representation and issues with the record. The arbitrator's ruling on prescription was materially irregular, as the monetary claims were not before him and the referral to the CCMA could not prescribe. The CCMA had jurisdiction to determine the interpretation and application dispute, and the arbitrator's contrary conclusion was...

Court Disposition

Appeal upheld; Labour Court order set aside and substituted.

Orders

  • The application by the City of Johannesburg to dismiss the review application is dismissed.
  • The late filing of the application to condone the late bringing of the review is condoned.