South Africa Case Law

Mathebula and Others v Safety and Security Sectoral Bargaining Counsel and Others (JR283/21)

Mathebula and Others v Safety and Security Sectoral Bargaining Counsel and Others (JR283/21) [2024] ZALCJHB 524 (12 November 2024)

Court

Labour Court Johannesburg

Case number

JR283/21

Judge

M T M Phehane

The court found that the applicants failed to provide a reasonable and detailed explanation for the entire period of delay in filing the review application. The reasons advanced, including the closure of the union's offices and personal circumstances, were not sufficient or adequately explained for the full period. The applicants did not include a prayer for condonation in their notice of motion, and the confirmatory affidavits did not remedy the deficiencies in the founding affidavit. The court held that the applicants cannot rely on the negligence of their representatives and that, in the a…

Source excerpt

• Condonation
• Review Of Arbitration Award
• Procedural Fairness
• Late Filing
• Onus Of Explanation

Moss and Another v General Public Service Sectoral Bargaining Council (PHSDSBC) and Others (JR2268/16)

Moss and Another v General Public Service Sectoral Bargaining Council (PHSDSBC) and Others (JR2268/16) [2021] ZALCJHB 190 (27 July 2021)

Court

Labour Court Johannesburg

Case number

JR2268/16

Judge

Deane

The Labour Court refused condonation for a review filed more than two years late, finding the explanation for the delay wholly inadequate and prospects irrelevant.

• Condonation
• Review Of Arbitration Award
• Late Filing
• Expeditious Resolution
• Onus Of Explanation
• Review-of-arbitration-award

Maseko v CCMA and Others (JR347/02)

Maseko v CCMA and Others (JR347/02) [2003] ZALCJHB 19 (25 September 2003)

Court

Labour Court Johannesburg

Case number

JR347/02

Judge

P Zilwa

Labour Court review of a CCMA condonation ruling failed because the applicant did not give a sufficient explanation for a late referral.

• Condonation
• Late Referral
• Review Of Arbitration Award
• Misconduct Dismissal
• Internal Appeal
• Onus Of Explanation