UCIMESHAWU obo Makwe and Others v Boyce NO and Others (JR237/2016) [2018] ZALCJHB 329 (18 September 2018)

UCIMESHAWU obo Makwe and Others v Boyce NO and Others (JR237/2016) [2018] ZALCJHB 329 (18 September 2018)

The Court found that the delay in launching the review application was excessive and the explanation provided by the applicants was wholly inadequate, lacking detail and failing to account for each period of delay. The applicants did not seek condonation promptly after being informed of the need to do so. On the merits, the applicants failed to demonstrate any prospects of success, as their submissions did not challenge the conduct of the Commissioner or identify any irregularity in the arbitration award. The Court considered all relevant factors, including prejudice to Joburg Market due to the lengthy delay and the departure of witnesses, and concluded that it would not be in the...

Citation
[2018] ZALCJHB 329
Parties
Applicant: UCIMESHAWU obo Moses Makwe & 51 Others; Respondent: Commissioner Timothy Boyce N.O; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Joburg Market
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 September 2018
Case Number
JR237/2016
Procedural Posture
Review Application / Application for Condonation for Late Filing of Review; Review of Arbitration Award
Outcome
Application for condonation for late filing of review dismissed; review application dismissed; no order as to costs.
Judges
E Tlhotlhalemaje
Legal Topics
Condonation, Unfair Dismissal, Fixed Term Contracts, Reasonable Expectation, Review of Arbitration Award
Labour Law Civil Procedure Condonation Unfair Dismissal Fixed Term Contracts Reasonable Expectation Review of Arbitration Award

Case Brief

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Parties

UCIMESHAWU obo Moses Makwe & 51 Others

Applicant

Commissioner Timothy Boyce N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Joburg Market

Respondent

Procedural Posture

Review Application / Application for Condonation for Late Filing of Review; Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for condonation of the late filing of the review application.
  2. 2 Whether the applicants have demonstrated reasonable prospects of success in the review of the arbitration award.
  3. 3 Whether the explanation for the delay in filing the review application is adequate.

Ratio Decidendi

The Court found that the delay in launching the review application was excessive and the explanation provided by the applicants was wholly inadequate, lacking detail and failing to account for each period of delay. The applicants did not seek condonation promptly after being informed of the need to do so. On the merits, the applicants failed to demonstrate any prospects of success, as their submissions did not challenge the conduct of the Commissioner or identify any irregularity in the arbitration award. The Court considered all relevant factors, including prejudice to Joburg Market due to the lengthy delay and the departure of witnesses, and concluded that it would not be in the...

Court Disposition

Application for condonation for late filing of review dismissed; review application dismissed; no order as to costs.

Orders

  • The application for condonation for the late filing of the applicants' application for review is dismissed.
  • The applicants' application for a review of the arbitration award issued under case number GAJB9285/15 by the first respondent dated 13 October 2015 is dismissed.