Tiger Brands Limited t/a Albany Bakery Germiston v Mvelase and Others (JR2253/13) [2017] ZALCJHB 19 (25 January 2017)

Tiger Brands Limited t/a Albany Bakery Germiston v Mvelase and Others (JR2253/13) [2017] ZALCJHB 19 (25 January 2017)

The Court found that the Commissioner lacked jurisdiction to determine the rescission application as it was filed 18 months after the dismissal ruling without an application for condonation. The Commissioner failed to address this jurisdictional requirement, rendering the rescission ruling a nullity. On the merits, the explanations for Mvelase's absence were contradictory and unsupported by admissible evidence. The medical certificate was accepted without proper scrutiny, constituting a reviewable irregularity. Furthermore, Mvelase did not demonstrate good cause or prospects of success, as the procedural unfairness alleged was not substantiated and contradicted by the disciplinary hearing...

Citation
[2017] ZALCJHB 19
Parties
Applicant: Tiger Brands Limited t/a Albany Bakery Germiston; Respondent: Thokozani Mvelase; Respondent: Steven Ntombela N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 January 2017
Case Number
JR2253/13
Procedural Posture
Review Application / Judgment on Review of CCMA Rescission Ruling
Outcome
The rescission ruling issued by the Second Respondent is reviewed, set aside, and replaced with an order dismissing the rescission application. No order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Condonation for Late Filing, Rescission of Arbitration Award, Jurisdiction of Ccma, Procedural Fairness, Unfair Dismissal
Labour Law Condonation for Late Filing Rescission of Arbitration Award Jurisdiction of Ccma Procedural Fairness Unfair Dismissal

Case Brief

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Parties

Tiger Brands Limited t/a Albany Bakery Germiston

Applicant

Thokozani Mvelase

Respondent

Steven Ntombela N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Rescission Ruling

Legal Issues

  1. 1 Whether the Commissioner had jurisdiction to determine the rescission application in the absence of an application for condonation for late filing.
  2. 2 Whether the rescission application was properly before the CCMA.
  3. 3 Whether the Commissioner committed a reviewable irregularity in accepting the medical certificate and granting rescission.

Ratio Decidendi

The Court found that the Commissioner lacked jurisdiction to determine the rescission application as it was filed 18 months after the dismissal ruling without an application for condonation. The Commissioner failed to address this jurisdictional requirement, rendering the rescission ruling a nullity. On the merits, the explanations for Mvelase's absence were contradictory and unsupported by admissible evidence. The medical certificate was accepted without proper scrutiny, constituting a reviewable irregularity. Furthermore, Mvelase did not demonstrate good cause or prospects of success, as the procedural unfairness alleged was not substantiated and contradicted by the disciplinary hearing...

Court Disposition

The rescission ruling issued by the Second Respondent is reviewed, set aside, and replaced with an order dismissing the rescission application. No order as to costs.

Orders

  • The rescission ruling issued by the Second Respondent is reviewed, set aside, and replaced with an order dismissing the application for rescission of the dismissal ruling issued on 30 January 2012.
  • There is no order as to costs.