Zondani v Amatola Water Board and Others (PS 30/19) [2022] ZALCPE 35 (17 November 2022)

Zondani v Amatola Water Board and Others (PS 30/19) [2022] ZALCPE 35 (17 November 2022)

The Labour Court found that it lacked jurisdiction to adjudicate the condonation application for the late referral of an unfair discrimination dispute under the Employment Equity Act. Section 10(3) of the Act expressly provides that the CCMA is the competent forum to consider such condonation applications. The applicant's reliance on legal advice was not substantiated by confirmatory affidavits, and the advice itself was incorrect, as the applicant's cause of complaint existed independently of the review proceedings. The application was therefore dismissed for lack of jurisdiction.

Citation
[2022] ZALCPE 35
Parties
Applicant: Momelezi Zondani; Respondent: Amatola Water Board; Respondent: Lukhanyo Shane Oliphant; Respondent: Ntsikelelo Khwinishe
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 November 2022
Case Number
PS 30/19
Procedural Posture
Condonation Application / Application for Condonation of Late Referral
Outcome
Application for condonation dismissed for lack of jurisdiction.
Judges
W Msizi
Legal Topics
Employment Equity Act, Unfair Discrimination, Condonation, Jurisdiction, Late Referral
Labour Law Employment Equity Act Unfair Discrimination Condonation Jurisdiction Late Referral

Case Brief

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Parties

Momelezi Zondani

Applicant

Amatola Water Board

Respondent

Lukhanyo Shane Oliphant

Respondent

Ntsikelelo Khwinishe

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Referral

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to grant condonation for the late referral of an unfair discrimination claim under the Employment Equity Act.
  2. 2 Whether the applicant provided sufficient grounds for condonation of the late referral.
  3. 3 Whether the advice received by the applicant justified the delay in referral.

Ratio Decidendi

The Labour Court found that it lacked jurisdiction to adjudicate the condonation application for the late referral of an unfair discrimination dispute under the Employment Equity Act. Section 10(3) of the Act expressly provides that the CCMA is the competent forum to consider such condonation applications. The applicant's reliance on legal advice was not substantiated by confirmatory affidavits, and the advice itself was incorrect, as the applicant's cause of complaint existed independently of the review proceedings. The application was therefore dismissed for lack of jurisdiction.

Court Disposition

Application for condonation dismissed for lack of jurisdiction.

Orders

  • The application for condonation is dismissed for lack of jurisdiction.
  • There is no order as to costs.