Smith and Others v Department of Health (KwaZulu-Natal) and Others (D1609/2018) [2021] ZALCD 79 (15 December 2021)

Smith and Others v Department of Health (KwaZulu-Natal) and Others (D1609/2018) [2021] ZALCD 79 (15 December 2021)

The period of delay in filing the review application was very short and the explanation provided by the applicants was satisfactory, involving logistical difficulties in obtaining mandates and preparing documents. No prejudice was demonstrated by any party. On the merits, the applicants have shown reasonable prospects of success, as the Commissioner may have erred in failing to determine whether their qualifications were similar post-basic qualifications as required by the OSD. The interpretation of the relevant clauses and the Minister's circular may not have been properly considered. In light of the short delay, good explanation, and some prospects of success, condonation for the late...

Citation
[2021] ZALCD 79
Parties
Applicant: K.J. Smith and 23 Others; Respondent: The Department of Health (KwaZulu-Natal); Respondent: The Public Health and Social Development Sectoral Bargaining Council; Respondent: Commissioner James N. Matshekga, N.O.
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
15 December 2021
Case Number
D1609/2018
Procedural Posture
Review Application / Condonation Application for Late Filing of Review; Merits to Be Argued After Condonation
Outcome
Condonation for the late filing of the review application is granted; the review application did not lapse; parties are to submit arguments on the merits within 14 days; costs for the condonation application shall be costs in the review application.
Judges
H Cele
Legal Topics
Condonation, Review of Arbitration Award, Occupational Specific Dispensation, Interpretation of Collective Agreement, Specialty Nursing Translation
Labour Law Civil Procedure Condonation Review of Arbitration Award Occupational Specific Dispensation Interpretation of Collective Agreement Specialty Nursing Translation

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

K.J. Smith and 23 Others

Applicant

The Department of Health (KwaZulu-Natal)

Respondent

The Public Health and Social Development Sectoral Bargaining Council

Respondent

Commissioner James N. Matshekga, N.O.

Respondent

Procedural Posture

Review Application / Condonation Application for Late Filing of Review; Merits to Be Argued After Condonation

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the explanation for the delay is satisfactory and the period of delay is short.
  3. 3 Whether the applicants have reasonable prospects of success in the review of the arbitration award regarding the interpretation and application of the Occupational Specific Dispensation (OSD) for Nurses.

Ratio Decidendi

The period of delay in filing the review application was very short and the explanation provided by the applicants was satisfactory, involving logistical difficulties in obtaining mandates and preparing documents. No prejudice was demonstrated by any party. On the merits, the applicants have shown reasonable prospects of success, as the Commissioner may have erred in failing to determine whether their qualifications were similar post-basic qualifications as required by the OSD. The interpretation of the relevant clauses and the Minister's circular may not have been properly considered. In light of the short delay, good explanation, and some prospects of success, condonation for the late...

Court Disposition

Condonation for the late filing of the review application is granted; the review application did not lapse; parties are to submit arguments on the merits within 14 days; costs for the condonation application shall be costs in the review application.

Orders

  • The review application did not lapse.
  • Condonation for the late filing of the review application is granted.