South African Post Office Ltd v CCMA and Others (JR436/2006) [2008] ZALCJHB 50 (28 February 2008)

South African Post Office Ltd v CCMA and Others (JR436/2006) [2008] ZALCJHB 50 (28 February 2008)

The court found that the applicant's explanation for the delay in filing the review application was wholly inadequate and amounted to no explanation at all. The internal procedures and size of the organisation did not justify non-compliance with the statutory timeframes. In the absence of a sufficient explanation, it was unnecessary to consider prospects of success, but even if considered, the prospects were poor as the disciplinary chairperson indicated that mitigating factors could have led to a lesser sanction and the commissioner found the dismissal substantively unfair. Consequently, condonation was refused, the review application was dismissed with costs, and the arbitration award...

Citation
[2008] ZALCJHB 50
Parties
Applicant: South African Post Office Limited; Respondent: CCMA; Respondent: Commissioner S Khoza; Respondent: CWU obo Ndlovu J P
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2008
Case Number
JR436/2006
Procedural Posture
Review Application / Application for Condonation and Review of Arbitration Award
Outcome
Condonation for the late filing of the review application is refused; the review application is dismissed with costs; the arbitration award is made an order of court.
Judges
Cele
Legal Topics
Condonation, Unfair Dismissal, Arbitration Review, Procedural Fairness, Reinstatement, Section 158 1 C Application
Labour Law Civil Procedure Condonation Unfair Dismissal Arbitration Review Procedural Fairness Reinstatement Section 158 1 C Application

Case Brief

Summary, issues, holding and outcome

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Parties

South African Post Office Limited

Applicant

CCMA

Respondent

Commissioner S Khoza

Respondent

CWU obo Ndlovu J P

Respondent

Procedural Posture

Review Application / Application for Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether condonation for the late filing of the review application should be granted.
  2. 2 Whether the arbitration award reinstating Mr Ndlovu should be reviewed and set aside.
  3. 3 Whether the award should be made an order of court under Section 158(1)(c) of the Labour Relations Act.

Ratio Decidendi

The court found that the applicant's explanation for the delay in filing the review application was wholly inadequate and amounted to no explanation at all. The internal procedures and size of the organisation did not justify non-compliance with the statutory timeframes. In the absence of a sufficient explanation, it was unnecessary to consider prospects of success, but even if considered, the prospects were poor as the disciplinary chairperson indicated that mitigating factors could have led to a lesser sanction and the commissioner found the dismissal substantively unfair. Consequently, condonation was refused, the review application was dismissed with costs, and the arbitration award...

Court Disposition

Condonation for the late filing of the review application is refused; the review application is dismissed with costs; the arbitration award is made an order of court.

Orders

  • Condonation for the late filing of the review application is not granted.
  • The review application is dismissed with costs.