South African Municipal Workers Union and Another v South African Local Government Bargaining Council and Others (JR1081/10) [2016] ZALCJHB 218 (14 June 2016)

South African Municipal Workers Union and Another v South African Local Government Bargaining Council and Others (JR1081/10) [2016] ZALCJHB 218 (14 June 2016)

The court found that the applicants’ explanation for the delay in filing the review application was neither reasonable nor acceptable. The second applicant failed to take adequate steps to pursue his matter, with significant periods of inactivity and lack of follow-up. The principle of speedy resolution of labour...

Source-derived case information.

Citation
[2016] ZALCJHB 218
Parties
Applicant: South African Municipal Workers’ Union; Applicant: Kous, Adriaan Stephanus; Respondent: South African Local Government Bargaining Council; Respondent: Ralefatane, MJ N.O.; Respondent: Erkurhuleni Metropolitain Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 June 2016
Case Number
JR1081/10
Procedural Posture
Review Application / Application for Condonation of Late Filing of Review
Outcome
Application for condonation of the late filing of the review is dismissed with costs.
Judges
Rabkin-Naicker
Legal Topics
Condonation, Review of Arbitration Award, Late Filing, Labour Relations Act, Dismissal
Labour Law Civil Procedure Condonation Review of Arbitration Award Late Filing Labour Relations Act Dismissal

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Parties

South African Municipal Workers’ Union

Applicant

Kous, Adriaan Stephanus

Applicant

South African Local Government Bargaining Council

Respondent

Ralefatane, MJ N.O.

Respondent

Erkurhuleni Metropolitain Municipality

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Filing of Review

Legal Issues

  1. 1 Whether the applicants provided a reasonable and acceptable explanation for the excessive delay in filing the review application.
  2. 2 Whether condonation for the late filing of the review application should be granted without considering the merits of the review.

Ratio Decidendi

The court found that the applicants’ explanation for the delay in filing the review application was neither reasonable nor acceptable. The second applicant failed to take adequate steps to pursue his matter, with significant periods of inactivity and lack of follow-up. The principle of speedy resolution of labour disputes is fundamental, and the delay in this case was excessive. The court held that, in accordance with established precedent, condonation may be refused without considering the merits of the review where there is a gross failure to comply with procedural rules. Accordingly, the application for condonation was dismissed.

Court Disposition

Application for condonation of the late filing of the review is dismissed with costs.

Orders

  • The application for condonation of the late filing of the review is dismissed with costs.