Sibamba v Commission for Conciliation Mediation and Arbitration and Others (JR231/06) [2006] ZALC 132 (17 November 2006)

Sibamba v Commission for Conciliation Mediation and Arbitration and Others (JR231/06) [2006] ZALC 132 (17 November 2006)

The court held that the arbitrator did not misdirect himself in refusing condonation for the late referral of the dispute to the CCMA. The applicant failed to provide a reasonable explanation for the delay from the date of dismissal to the date of referral and did not establish any reasonable prospects of success. The arbitrator's reliance on the prescription period of three years was correct, and there were no grounds for the court to interfere with the arbitrator's ruling.

Citation
[2006] ZALC 132
Parties
Applicant: Mandla E Sibamba; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: K Mamba NO; Respondent: South African Police Services
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 November 2006
Case Number
JR231/06
Procedural Posture
Review Application / Judgment
Outcome
Application for review and setting aside of the arbitrator's ruling is dismissed.
Judges
M M Leeuw
Legal Topics
Condonation for Late Referral, Prescription of Claims, Jurisdiction of Bargaining Council
Labour Law Civil Procedure Condonation for Late Referral Prescription of Claims Jurisdiction of Bargaining Council

Case Brief

Summary, issues, holding and outcome

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Parties

Mandla E Sibamba

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

K Mamba NO

Respondent

South African Police Services

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator erred in refusing condonation for the late referral of the dispute to the CCMA.
  2. 2 Whether the applicant provided a reasonable explanation for the delay in referring the dispute.
  3. 3 Whether there were reasonable prospects of success in the underlying dispute.

Ratio Decidendi

The court held that the arbitrator did not misdirect himself in refusing condonation for the late referral of the dispute to the CCMA. The applicant failed to provide a reasonable explanation for the delay from the date of dismissal to the date of referral and did not establish any reasonable prospects of success. The arbitrator's reliance on the prescription period of three years was correct, and there were no grounds for the court to interfere with the arbitrator's ruling.

Court Disposition

Application for review and setting aside of the arbitrator's ruling is dismissed.

Orders

  • The application is dismissed.
  • Each party is ordered to pay its own costs.