SATAWU obo Hlalethwa v Transnet Bargaining Council and Others (JR2215/16)
SATAWU obo Hlalethwa v Transnet Bargaining Council and Others (JR2215/16) [2019] ZALCJHB 59 (26 March 2019)
The court found that the Applicant's delay of approximately 15 months in filing the rescission application was excessive and that her explanation, attributing the delay to her union's error, was inadequate and unreasonable. The Applicant failed to act as a reasonable litigant and cannot shift responsibility for the delay to SATAWU. The court held that condonation is not a mere formality and requires a full and acceptable explanation, which was lacking in this case. Furthermore, the Applicant did not substantiate her claim of innocence or prospects of success, while the Third Respondent provid…
Source excerpt
- Condonation
- Rescission Of Award
- Gross Irregularity
- Union Negligence
- Natural Justice
- Review Of Arbitration