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[2002] ZALCJHB 13
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Mhlanga v BMW SA (JR854/02) [2002] ZALCJHB 13 (15 October 2002)
[COMMENT1]
Sneller
Verbatim/HDJ
IN THE LABOUR COURT OF
SOUTH AFRICA
BRAAMFONTEIN
CASE
NO: JR854/02
DATE:
2002-10-15
In
the matter between
D
C
MHLANGA Applicant
and
BMW
SA Respondent
J
U D G M E N T
REVELAS
J
:
1.
This is an application in terms of section 168, where the applicant
seeks to review and set aside a condonation ruling made by
the second
respondent, who found that the application for condonation brought at
the Commission for Conciliation, Mediation and
Arbitration, had no
merits.
2.
The delay in question was 6½ months and was received on 18
June 2001 and was referred to the CCMA on 8 February 2002.
The
commissioner who heard the application, found that the explanation
provided by the applicant for the lateness of his referral
is
unacceptable in that he blames his union and the respondent, whose
appearance was delayed between the date of the receipt and
10
December 2001, which provides no explanation for the delay.
3.
The second respondent also found that the applicant did not show
consent and that the delay finding was unacceptable. The
second
respondent found, and also in so far as the prospects of success were
concerned, that it only seems good in the absence
of any counter
argument.
4.
The commissioners of the CCMA are enjoined do deal with matters
expeditiously in terms of the
Labour Relations Act 66 of 1995
.
In granting condonation they exercise a discretion. On the
grounds provided for by the applicant in this matter there
are no
grounds upon which I am persuaded to interfere in the exercise of the
discretion of the second respondent.
5.
In the circumstances the application is dismissed.
[COMMENT1]
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