Zungo v Mantshule and Others (JR1374/11) [2016] ZALCJHB 291 (29 July 2016)

Zungo v Mantshule and Others (JR1374/11) [2016] ZALCJHB 291 (29 July 2016)

The Court found that the CCMA Commissioners refusal to grant condonation for the applicants late referral was reasonable and based on a proper consideration of all relevant factors. The applicant failed to justify the 66-day delay, did not demonstrate reasonable prospects of success, and did not provide evidence that the employers failure to remind him of his right to refer the dispute to the CCMA caused the delay. The employers failure to comply with item 4(3) of the Code of Good Practice is relevant to procedural fairness but does not automatically entitle an employee to condonation. Each case must be assessed on its own merits, and in this instance, the applicant accepted his...

Citation
[2016] ZALCJHB 291
Parties
Applicant: Lucky Sakhumuzi Zungo; Respondent: Commissioner N.L. Mantshule; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: JDG Group Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 July 2016
Case Number
JR1374/11
Procedural Posture
Review Application / Judgment on Review of CCMA Condonation Ruling
Outcome
Review application dismissed; condonation ruling stands; no order as to costs.
Judges
Ferreira
Legal Topics
Condonation, Unfair Dismissal, Code of Good Practice, Procedural Fairness, Late Referral, Prospects of Success
Labour Law Civil Procedure Condonation Unfair Dismissal Code of Good Practice Procedural Fairness Late Referral Prospects of Success

Case Brief

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Parties

Lucky Sakhumuzi Zungo

Applicant

Commissioner N.L. Mantshule

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

JDG Group Limited

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Condonation Ruling

Legal Issues

  1. 1 Whether the CCMA Commissioners refusal to grant condonation for late referral was reasonable.
  2. 2 Whether the employers failure to remind the employee of his right to refer the dispute to the CCMA justified the delay.
  3. 3 Whether the Commissioner properly considered all relevant factors in the condonation application.

Ratio Decidendi

The Court found that the CCMA Commissioners refusal to grant condonation for the applicants late referral was reasonable and based on a proper consideration of all relevant factors. The applicant failed to justify the 66-day delay, did not demonstrate reasonable prospects of success, and did not provide evidence that the employers failure to remind him of his right to refer the dispute to the CCMA caused the delay. The employers failure to comply with item 4(3) of the Code of Good Practice is relevant to procedural fairness but does not automatically entitle an employee to condonation. Each case must be assessed on its own merits, and in this instance, the applicant accepted his...

Court Disposition

Review application dismissed; condonation ruling stands; no order as to costs.

Orders

  • The review application is dismissed.
  • There is no order as to costs.