Thipe and Others v Bader South Africa (Pty) Ltd (J619/14) [2018] ZALCJHB 306; [2019] 1 BLLR 102 (LC) (28 September 2018)

Thipe and Others v Bader South Africa (Pty) Ltd (J619/14) [2018] ZALCJHB 306; [2019] 1 BLLR 102 (LC) (28 September 2018)

The Court found that the applicants failed to prove that the unfair dismissal dispute was ever referred to conciliation as required by the Labour Relations Act. The documents submitted did not support the claim that the unfair dismissal dispute was consolidated with the unfair labour practice dispute, and there was no evidence that the respondent was served with the referral. The Court further held that the degree of lateness in filing the statement of case was extensive and the explanation provided was unreasonable and inadequate, with no proper account for the delay. As a result, the Court lacked jurisdiction to adjudicate the unfair dismissal dispute and, alternatively, condonation for...

Citation
[2018] ZALCJHB 306
Parties
Applicant: Salaminah Selly Thipe and Others; Respondent: Bader South Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 September 2018
Case Number
J619/14
Procedural Posture
Condonation Application / Judgment on Condonation and Jurisdiction
Outcome
Application dismissed for lack of jurisdiction and failure to show good cause for condonation.
Judges
Nkutha-Nkontwana
Legal Topics
Jurisdiction of Labour Court, Condonation for Late Filing, Conciliation Requirement, Unfair Dismissal, Referral to Ccma
Labour Law Civil Procedure Jurisdiction of Labour Court Condonation for Late Filing Conciliation Requirement Unfair Dismissal Referral to Ccma

Case Brief

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Parties

Salaminah Selly Thipe and Others

Applicant

Bader South Africa (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Judgment on Condonation and Jurisdiction

Legal Issues

  1. 1 Whether the unfair dismissal dispute was referred to conciliation before approaching the Labour Court.
  2. 2 Whether the applicants have shown good cause for condonation of the late filing of their statement of case.

Ratio Decidendi

The Court found that the applicants failed to prove that the unfair dismissal dispute was ever referred to conciliation as required by the Labour Relations Act. The documents submitted did not support the claim that the unfair dismissal dispute was consolidated with the unfair labour practice dispute, and there was no evidence that the respondent was served with the referral. The Court further held that the degree of lateness in filing the statement of case was extensive and the explanation provided was unreasonable and inadequate, with no proper account for the delay. As a result, the Court lacked jurisdiction to adjudicate the unfair dismissal dispute and, alternatively, condonation for...

Court Disposition

Application dismissed for lack of jurisdiction and failure to show good cause for condonation.

Orders

  • The application is dismissed.
  • There is no order as to costs.