Telkom S.A v Communication Worker's Union and Others, Melapo Technologies (Pty) Ltd v Communication Workers Union and Others (J4028/0, J3767/00) [2002] ZALC 120 (12 February 2002)

Telkom S.A v Communication Worker's Union and Others, Melapo Technologies (Pty) Ltd v Communication Workers Union and Others (J4028/0, J3767/00) [2002] ZALC 120 (12 February 2002)

The Labour Court held that the commissioner’s decision to condone the late referral of the unfair dismissal disputes was rationally connected to the facts and explanation provided by the Union. The delays, though not negligible, were not substantial, and the complexity of the section 197 transfer justified the time taken by the Union to understand the legal implications. The commissioner considered the relevant factors, including the degree of lateness, explanation for the delay, and prospects of success. The Court found no grounds to interfere with the commissioner’s decision, as it was not irrational or disconnected from the material before him. The applications for review were...

Citation
[2002] ZALC 120
Parties
Applicant: Telkom S.A; Applicant: Melapo Technologies (Pty) Ltd; Respondent: Communication Workers' Union and Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 February 2002
Case Number
J4028/00; J3767/00
Procedural Posture
Review Application / Judgment on Review of CCMA Condonation Decision
Outcome
Both applications for review are dismissed with costs.
Judges
E Revelas
Legal Topics
Condonation of Late Referral, Unfair Dismissal, Automatic Transfer of Employees, Voluntary Retrenchment, Section 197 Transfer, Review of Administrative Action
Labour Law Civil Procedure Condonation of Late Referral Unfair Dismissal Automatic Transfer of Employees Voluntary Retrenchment Section 197 Transfer Review of Administrative Action

Case Brief

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Parties

Telkom S.A

Applicant

Melapo Technologies (Pty) Ltd

Applicant

Communication Workers' Union and Others

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Condonation Decision

Legal Issues

  1. 1 Whether the CCMA commissioner correctly condoned the late referral of unfair dismissal disputes by the Union.
  2. 2 Whether the explanation for the delay in referral was adequate under section 191 of the Labour Relations Act.
  3. 3 Whether the commissioner properly considered prospects of success and other relevant factors in granting condonation.

Ratio Decidendi

The Labour Court held that the commissioner’s decision to condone the late referral of the unfair dismissal disputes was rationally connected to the facts and explanation provided by the Union. The delays, though not negligible, were not substantial, and the complexity of the section 197 transfer justified the time taken by the Union to understand the legal implications. The commissioner considered the relevant factors, including the degree of lateness, explanation for the delay, and prospects of success. The Court found no grounds to interfere with the commissioner’s decision, as it was not irrational or disconnected from the material before him. The applications for review were...

Court Disposition

Both applications for review are dismissed with costs.

Orders

  • The applications for review are dismissed.
  • The applicants are ordered to pay the costs of the respondents.