Shezi v Transnet Bargaining Council and Others (D1286/2019) [2023] ZALCD 10 (24 May 2023)

Shezi v Transnet Bargaining Council and Others (D1286/2019) [2023] ZALCD 10 (24 May 2023)

The court found that the applicant's explanation for the delay in referring both the dispute and the review application was unsatisfactory and did not withstand scrutiny. The applicant had access to legal representation and his trade union, and could have taken steps to pursue his case despite his incarceration. The bail conditions did not prevent him from preparing and submitting the necessary documents, as evidenced by his ability to prepare the review application while still in Ixopo. The delay was excessive, and the applicant failed to provide a reasonable or credible explanation for his inaction. The court held that the Bargaining Council's process for considering condonation was...

Citation
[2023] ZALCD 10
Parties
Applicant: Velile Thamsanqa Shezi; Respondent: Transnet Bargaining Council; Respondent: Commissioner Ebrahim Patelia; Respondent: Transnet Freight Rail
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
24 May 2023
Case Number
D1286/2019
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation refused; review application dismissed.
Judges
Nxusani
Legal Topics
Condonation of Late Referral, Incapacity Dismissal, Disciplinary Procedure, Review of Arbitration Award
Labour Law Civil Procedure Condonation of Late Referral Incapacity Dismissal Disciplinary Procedure Review of Arbitration Award

Case Brief

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Parties

Velile Thamsanqa Shezi

Applicant

Transnet Bargaining Council

Respondent

Commissioner Ebrahim Patelia

Respondent

Transnet Freight Rail

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the applicant provided a satisfactory explanation for the delay in referring his dispute and review application.
  2. 2 Whether the applicant's incarceration constituted sufficient grounds for condonation of late referral.
  3. 3 Whether the employer was obliged to hold a formal hearing before dismissal for incapacity due to imprisonment.

Ratio Decidendi

The court found that the applicant's explanation for the delay in referring both the dispute and the review application was unsatisfactory and did not withstand scrutiny. The applicant had access to legal representation and his trade union, and could have taken steps to pursue his case despite his incarceration. The bail conditions did not prevent him from preparing and submitting the necessary documents, as evidenced by his ability to prepare the review application while still in Ixopo. The delay was excessive, and the applicant failed to provide a reasonable or credible explanation for his inaction. The court held that the Bargaining Council's process for considering condonation was...

Court Disposition

Application for condonation refused; review application dismissed.

Orders

  • The application for condonation is refused.
  • There is no order as to costs.