Setlaba and Another v Ngcosane NO and Others (JR1501/15) [2019] ZALCJHB 8 (17 January 2019)

Setlaba and Another v Ngcosane NO and Others (JR1501/15) [2019] ZALCJHB 8 (17 January 2019)

The applicants failed to comply with the statutory time limits for filing a review application under section 145(1)(a) of the Labour Relations Act and did not seek condonation for their late filing. They also failed to comply with the Labour Court Practice Manual regarding the timely filing of the record and readiness for hearing. No agreement to extend time was reached, nor was an extension granted by the Judge President. The applicants did not provide a formal application for condonation or a detailed explanation for the delay. In the absence of good cause and compliance with procedural requirements, the review application is deemed to have lapsed and must be struck from the roll.

Citation
[2019] ZALCJHB 8
Parties
Applicant: Ketlhwoecoeng Mildred Setlaba; Applicant: Thwala Carolina Letanta; Respondent: Mpe Ngcosane NO; Respondent: GPSSBC; Respondent: Department of Human Settlements: Free State
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 January 2019
Case Number
JR1501/15
Procedural Posture
Review Application / Application for Review of Arbitration Award Under Section 145(1)(a) of the Labour Relations Act
Outcome
The review application is struck from the roll due to non-compliance with statutory and procedural requirements.
Judges
L Raphulu
Legal Topics
Unfair Dismissal, Condonation, Practice Manual Compliance, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Condonation Practice Manual Compliance Review of Arbitration Award

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 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ketlhwoecoeng Mildred Setlaba

Applicant

Thwala Carolina Letanta

Applicant

Mpe Ngcosane NO

Respondent

GPSSBC

Respondent

Department of Human Settlements: Free State

Respondent

Procedural Posture

Review Application / Application for Review of Arbitration Award Under Section 145(1)(a) of the Labour Relations Act

Legal Issues

  1. 1 Whether the applicants' review application was filed within the prescribed time period under the Labour Relations Act.
  2. 2 Whether the applicants complied with the Labour Court Practice Manual regarding filing of the record and readiness for hearing.
  3. 3 Whether condonation for late filing was sought and whether good cause for delay was shown.

Ratio Decidendi

The applicants failed to comply with the statutory time limits for filing a review application under section 145(1)(a) of the Labour Relations Act and did not seek condonation for their late filing. They also failed to comply with the Labour Court Practice Manual regarding the timely filing of the record and readiness for hearing. No agreement to extend time was reached, nor was an extension granted by the Judge President. The applicants did not provide a formal application for condonation or a detailed explanation for the delay. In the absence of good cause and compliance with procedural requirements, the review application is deemed to have lapsed and must be struck from the roll.

Court Disposition

The review application is struck from the roll due to non-compliance with statutory and procedural requirements.

Orders

  • The review application is struck from the roll.
  • No order is made as to costs.