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[2002] ZALCJHB 6
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Mandlopha and Others v Dispute Resolution Centre and Another (JR1075/01) [2002] ZALCJHB 6 (5 March 2002)
[COMMENT1]
Sneller
Verbatim/HVDM
IN THE LABOUR COURT OF
SOUTH AFRICA
BRAAMFONTEIN
CASE
NO: JR1075/01
DATE:
2002-03-05
In
the matter between
MANDLA MANDLOPHA
1
st
Applicant
MANDLA
SHANGE 2
nd
Applicant
JOHANNES
MAPONYA 3
rd
Applicant
PHILLIP
KHOMANE 4
th
Applicant
SOUTH
AFRICAN FOOD, RETAIL AND
AGRICULTURAL WORKERS
UNION 5
th
Applicant
and
DISPUTE
RESOLUTION
CENTRE
1
st
Respondent
ROBERT BOSCH (PTY)
LTD
2
nd
Respondent
J
U D G M E N T
Delivered
on 5 March 2002
REVELAS
J
:
1.
This is an application for the setting aside and review of a ruling
made by the second respondent wherein he refused to grant
condonation
to the first four applicants in respect of the late referral of their
dispute. There were several applications
for condonation in
this matter, including an appeal.
2.
I am satisfied that the Dispute Resolution Centre, the first
respondent, is also to blame for the delay in this matter and that
justice would be served best if the ruling is set aside and the
matter is referred to the first respondent to be arbitrated.
3.
I make the following order:
1. The ruling
under case number 06/656/2000 dated 26 July 2001 handed down on
26 July is set aside.
2. The matter
is referred back to the first respondent for arbitration, condonation
having been granted.
_________________
E.
Revelas
[COMMENT1]
BEGIN
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