Xaxa v Commissioner Cokile N.O and Others (PR164/18; PR159/18) [2021] ZALCPE 4; [2021] 6 BLLR 638 (LC); (2021) 42 ILJ 1791 (LC) (26 March 2021)

Xaxa v Commissioner Cokile N.O and Others (PR164/18; PR159/18) [2021] ZALCPE 4; [2021] 6 BLLR 638 (LC); (2021) 42 ILJ 1791 (LC) (26 March 2021)

The court found that Xaxa's explanation for the delay in filing the Rule 7A(8) notice was unreasonable, as he could have filed a cross-review without incurring transcription costs. The only error identified in the record was immaterial. The absence of a reasonable explanation for a substantial delay, coupled with the lack of reasonable prospects of success, meant that condonation was not in the interests of justice. Furthermore, the relief sought by Xaxa—reinstatement or re-employment—was not competent where only procedural unfairness was found, as section 193(2)(d) of the Labour Relations Act precludes such relief in those circumstances. The application for condonation and the...

Citation
[2021] ZALCPE 4
Parties
Applicant: Vuyani Xaxa; Respondent: Commissioner Siyabonga Cokile N.O; Respondent: National Bargaining Council for the Chemical Industry; Respondent: Frensenius Kabi
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
26 March 2021
Case Number
PR164/18; PR159/18
Procedural Posture
Review Application / Interlocutory Applications and Condonation
Outcome
Both the application for condonation of the late filing of the Rule 7A(8) notice and the application for reinstatement of the review application under case number PR164/18 are dismissed. No order as to costs.
Judges
Z Lallie
Legal Topics
Condonation, Unfair Dismissal, Review of Arbitration Award, Reinstatement, Procedural Fairness
Labour Law Civil Procedure Condonation Unfair Dismissal Review of Arbitration Award Reinstatement Procedural Fairness

Case Brief

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Parties

Vuyani Xaxa

Applicant

Commissioner Siyabonga Cokile N.O

Respondent

National Bargaining Council for the Chemical Industry

Respondent

Frensenius Kabi

Respondent

Procedural Posture

Review Application / Interlocutory Applications and Condonation

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the Rule 7A(8) notice.
  2. 2 Whether the application for reinstatement of the review application should succeed.
  3. 3 Whether the applicant has reasonable prospects of success in the review application.

Ratio Decidendi

The court found that Xaxa's explanation for the delay in filing the Rule 7A(8) notice was unreasonable, as he could have filed a cross-review without incurring transcription costs. The only error identified in the record was immaterial. The absence of a reasonable explanation for a substantial delay, coupled with the lack of reasonable prospects of success, meant that condonation was not in the interests of justice. Furthermore, the relief sought by Xaxa—reinstatement or re-employment—was not competent where only procedural unfairness was found, as section 193(2)(d) of the Labour Relations Act precludes such relief in those circumstances. The application for condonation and the...

Court Disposition

Both the application for condonation of the late filing of the Rule 7A(8) notice and the application for reinstatement of the review application under case number PR164/18 are dismissed. No order as to costs.

Orders

  • The application for condonation of the late filing of the Rule 7A(8) notice is dismissed.
  • The application for the reinstatement of the review application under case number PR164/18 is dismissed.