OOSTHUIZEN v IMPERIAL LOGISTICS CC (JA74/2012 & JA75/2012)
OOSTHUIZEN v IMPERIAL LOGISTICS CC (JA74/2012 & JA75/2012) [2014] ZALAC 106 (21 March 2014)
The Labour Appeal Court held that the unsigned referral form was a material defect that deprived the bargaining council of jurisdiction to entertain the dispute. The appellant's subsequent conduct did not amount to ratification, as conciliation had not taken place and there was no tacit acceptance by the council. The delay in filing a proper referral and condonation application was excessive, and the explanation provided was unsatisfactory and did not cover the entire period. The commissioner properly exercised his discretion in refusing condonation, and the court a quo was correct in dismiss…
Source excerpt
- Condonation Application
- Jurisdictional Facts
- Unsigned Referral Form
- Unfair Dismissal
- Review Of Commissioner Decision