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Condonation was improperly granted as the respondent failed to provide reasons for the delay or degree of lateness in the prescribed form, violating mandatory procedural rules. Consequently, the CMA lacked jurisdiction, rendering all subsequent proceedings and the award a nullity.
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The mediator had no jurisdiction to grant condonation, rendering subsequent mediation and arbitration proceedings a nullity. The dispute on breach of contract was not mediated as required, and issues were not properly drafted. The CMA F1 was defective. These irregularities vitiated the entire proceedings and award.
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Promise to pay, as evidenced by the applicant's affidavit and not specifically rebutted, constitutes sufficient ground for condonation of late filing. The arbitrator erred by not considering the affidavit evidence. The ruling of the CMA is set aside and condonation is granted.
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The High Court allowed a labour revision, holding that the applicant had shown sufficient cause for late filing because his delay was supported by evidence of sickness.
The respondent's termination was substantively fair due to admitted gross misconduct, but procedurally unfair as she was not afforded a right to be heard before the disciplinary hearing due to circumstances beyond her control. The arbitrator was justified in granting condonation for late filing. Compensation is not warranted where gross misconduct is admitted.
Source excerpt
The High Court upheld a CMA award, finding the applicants were heard and failed to justify their late filing for condonation of their salary dispute.
The High Court allowed revision, holding that the CMA erred by deciding premature filing and termination facts at the condonation stage, and quashed its ruling.
Applicant failed to show good cause for delay; evidence did not establish incapacity to lodge complaint within prescribed time; Arbitrator's decision to dismiss condonation was correct.
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