SAMWU v Commission for Conciliation, Mediation and Arbitration and Others (JR217/15) [2016] ZALCJHB 498 (21 July 2016)

SAMWU v Commission for Conciliation, Mediation and Arbitration and Others (JR217/15) [2016] ZALCJHB 498 (21 July 2016)

The court found that the applicants failed to provide a satisfactory explanation for the delay in filing the review application, particularly for the period after their attorneys' offices reopened. The delay was not insignificant and remained unexplained for approximately four weeks. Furthermore, the grounds for review advanced by the applicants were misconceived, as they relied on a reasonableness test rather than the correct test of correctness for jurisdictional rulings. The arbitrator's decision that the CCMA lacked jurisdiction was correct, given that the primary reason for dismissal was participation in an unprotected strike, which falls within the Labour Court's jurisdiction....

Citation
[2016] ZALCJHB 498
Parties
Applicant: SAMWU obo Mthimkhulu & Another; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Eric Myhill N.O.; Respondent: ADT Security (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 July 2016
Case Number
JR217/15
Procedural Posture
Review Application / Application for Condonation of Late Review Filing
Outcome
Condonation for the late filing of the review application is refused and the review application is dismissed.
Judges
Van Niekerk
Legal Topics
Condonation of Late Filing, Jurisdiction of Ccma, Unprotected Strike, Review of Arbitration Award
Labour Law Civil Procedure Condonation of Late Filing Jurisdiction of Ccma Unprotected Strike Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

SAMWU obo Mthimkhulu & Another

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Eric Myhill N.O.

Respondent

ADT Security (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Review Filing

Legal Issues

  1. 1 Whether the applicants have provided a satisfactory explanation for the late filing of the review application.
  2. 2 Whether the CCMA had jurisdiction to determine the unfair dismissal dispute arising from participation in an unprotected strike.
  3. 3 Whether the arbitrator's jurisdictional ruling is reviewable on the grounds advanced by the applicants.

Ratio Decidendi

The court found that the applicants failed to provide a satisfactory explanation for the delay in filing the review application, particularly for the period after their attorneys' offices reopened. The delay was not insignificant and remained unexplained for approximately four weeks. Furthermore, the grounds for review advanced by the applicants were misconceived, as they relied on a reasonableness test rather than the correct test of correctness for jurisdictional rulings. The arbitrator's decision that the CCMA lacked jurisdiction was correct, given that the primary reason for dismissal was participation in an unprotected strike, which falls within the Labour Court's jurisdiction....

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.