Simelane v Fidelity Springbok Security Services (Pty) Ltd and Others (JR1494/05) [2008] ZALC 182 (1 July 2008)

Simelane v Fidelity Springbok Security Services (Pty) Ltd and Others (JR1494/05) [2008] ZALC 182 (1 July 2008)

The court found that there was a lengthy and unexplained delay of 22 months in prosecuting the review application by the first respondent, who failed to act with the required diligence. However, the applicant also failed to act promptly in enforcing the award or seeking dismissal. Since the only step remaining was for the registrar to set the matter down for hearing, and the delay was not solely attributable to the first respondent, the court declined to dismiss the review application. The applicant remains entitled to reinstatement and back pay should he succeed in opposing the review. The court expressed displeasure at the first respondent's conduct and ordered it to pay the costs of...

Citation
[2008] ZALC 182
Parties
Applicant: Madoda Collen Simelane; Respondent: Fidelity Springbok Security Services (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Nicole Johnston N.O.
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 July 2008
Case Number
JR1494/05
Procedural Posture
Review Application / Application to Dismiss Review for Delay and Defectiveness
Outcome
Application to dismiss the review application is dismissed. Costs awarded against the first respondent.
Judges
Francis
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Condonation for Late Filing, Delay in Prosecution, Costs Award
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Condonation for Late Filing Delay in Prosecution Costs Award

Case Brief

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Parties

Madoda Collen Simelane

Applicant

Fidelity Springbok Security Services (Pty) Ltd

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Nicole Johnston N.O.

Respondent

Procedural Posture

Review Application / Application to Dismiss Review for Delay and Defectiveness

Legal Issues

  1. 1 Whether the first respondent's review application should be dismissed due to excessive and unreasonable delay in prosecution.
  2. 2 Whether the review application is defective for failing to comply with the Labour Court Rules and lacking condonation for late filing.
  3. 3 Whether the applicant is entitled to costs given the conduct of the first respondent.

Ratio Decidendi

The court found that there was a lengthy and unexplained delay of 22 months in prosecuting the review application by the first respondent, who failed to act with the required diligence. However, the applicant also failed to act promptly in enforcing the award or seeking dismissal. Since the only step remaining was for the registrar to set the matter down for hearing, and the delay was not solely attributable to the first respondent, the court declined to dismiss the review application. The applicant remains entitled to reinstatement and back pay should he succeed in opposing the review. The court expressed displeasure at the first respondent's conduct and ordered it to pay the costs of...

Court Disposition

Application to dismiss the review application is dismissed. Costs awarded against the first respondent.

Orders

  • The application to dismiss the review application is dismissed.
  • The first respondent is to pay the costs of the application.