Volsec Security SA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 919/18) [2020] ZALCJHB 153 (18 August 2020)

Volsec Security SA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 919/18) [2020] ZALCJHB 153 (18 August 2020)

The applicant failed to comply with the mandatory time limits for filing the record and supplementary papers as required by the Practice Manual and section 145 of the LRA. The court found no credible evidence of any agreement to extend the filing period with the respondents. The application was filed more than 16 months late, and the applicant did not apply for a hearing date within the prescribed six months. The application is therefore deemed withdrawn and lapsed. The applicant's attorneys failed to explain the delay and did not take the court into their confidence regarding procedural defects. The court struck the application from the roll as it does not serve before the court.

Citation
[2020] ZALCJHB 153
Parties
Applicant: Volsec Security SA (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Paul Poto N.O; Respondent: Oscar Msenge; Respondent: Shadrack Shabangu
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2020
Case Number
JR 919/18
Procedural Posture
Review Application / Judgment on Review Application; Application to Strike From Roll
Outcome
Application struck from the roll due to non-compliance with procedural requirements; deemed withdrawn and lapsed.
Judges
Van Niekerk
Legal Topics
Review of Arbitration Award, Practice Manual Compliance, Unfair Dismissal, Condonation, Striking From Roll
Labour Law Civil Procedure Review of Arbitration Award Practice Manual Compliance Unfair Dismissal Condonation Striking From Roll

Case Brief

Summary, issues, holding and outcome

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Parties

Volsec Security SA (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Paul Poto N.O

Respondent

Oscar Msenge

Respondent

Shadrack Shabangu

Respondent

Procedural Posture

Review Application / Judgment on Review Application; Application to Strike From Roll

Legal Issues

  1. 1 Whether the applicant complied with the time limits for filing the record and papers in a review application.
  2. 2 Whether the application should be deemed withdrawn or lapsed due to non-compliance with the Practice Manual and section 145 of the LRA.
  3. 3 Whether there was credible consent from the respondents to extend the filing period.

Ratio Decidendi

The applicant failed to comply with the mandatory time limits for filing the record and supplementary papers as required by the Practice Manual and section 145 of the LRA. The court found no credible evidence of any agreement to extend the filing period with the respondents. The application was filed more than 16 months late, and the applicant did not apply for a hearing date within the prescribed six months. The application is therefore deemed withdrawn and lapsed. The applicant's attorneys failed to explain the delay and did not take the court into their confidence regarding procedural defects. The court struck the application from the roll as it does not serve before the court.

Court Disposition

Application struck from the roll due to non-compliance with procedural requirements; deemed withdrawn and lapsed.

Orders

  • The application is struck from the roll.
  • The registrar is directed to use her best endeavours to contact the third and fourth respondents and to draw this judgment to their attention.