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South Africa Case Law

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Labour Law [2019] ZALCJHB 59

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…

  • Condonation
  • Rescission Of Award
  • Gross Irregularity
  • Union Negligence
  • Natural Justice
  • Review Of Arbitration
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Labour Law [2018] ZALCJHB 200

SATAWU obo Mathiso and Others v Pride Bulk Logistics (Pty) Ltd (JS769/15)

SATAWU obo Mathiso and Others v Pride Bulk Logistics (Pty) Ltd (JS769/15) [2018] ZALCJHB 200 (22 May 2018)

The court found that the delay in referring the unfair dismissal claim was excessive and inadequately explained. By the end of 2016, the applicants were aware of the union's failure to act and should have taken independent steps to prosecute their claim. The applicants' continued reliance on the union was unreasonable, and their explanation for the delay was unacceptable. The principle that condonation may be refused without considering prospects of success where there is a gross failure to comply with rules was applied. Even if the merits were considered, they did not outweigh the weakness o…

  • Condonation
  • Unfair Dismissal
  • Protected Strike
  • Closed Shop Agreement
  • Union Negligence
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