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[2002] ZALCJHB 5
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Anglo Operations v CCMA (JR1263/01) [2002] ZALCJHB 5 (5 March 2002)
[COMMENT1]
Sneller
Verbatim/HVDM
IN
THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN
CASE
NO: JR1263/01
DATE:
2002-03-05
In
the matter between
ANGLO
OPERATIONS
Applicant
and
CCMA
Respondent
J
U D G M E N T
Delivered
on 5 March 2002
REVELAS
J
:
1.
This is an application for the review of the decision of the second
respondent, a commissioner
appointed by the first respondent, the
Commission for Conciliation Mediation and Arbitration, in an
application for condonation
for the late filing of dispute with the
first respondent, between the applicant and the third respondent, Mr
Barios.
2.
On 17 September 2001 the third respondent filed a notice to
oppose this review application
but subsequently never filed any other
response. Today an application for the postponement of the
matter has been brought
by a person appearing on behalf of Mr Barios.
3.
I have listened to both parties and submissions made by them and in
particular my attention was
drawn to the fact that the third
respondent, Mr Barios, feels that justice wouldn't be done and all he
wanted is for his case to
be heard.
4.
On the papers that I have read and on the submissions made by counsel
on behalf of the applicant,
I am persuaded that the decision to grant
condonation of the very late referral, that is i.e. 18 months,
was not considered
properly and in the circumstances that ruling
should be set aside.
5.
I accordingly make the following order:
1. The
decision of the arbitrator or commissioner dated 24 July 2001 to
condone the late referral of the dispute
is reviewed and set aside.
2. The
certificate of outcome under case number GA6000/2001 is set aside.
3. The
question of the late referral in terms of sections 191(1) and 191(2)
of the Labour Relations Act is to be considered
afresh by a different
arbitrator or commissioner.
___________________
E.
Revelas
[COMMENT1]
BEGIN
DEUR 'N "HEADER" TE MAAK