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[2008] ZALCJHB 31
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Bovula v Safety And Security Bargaining Council and Others (JR949/06) [2008] ZALCJHB 31 (29 April 2008)
LOM
Business Solutions t/a Set LK Transcribers
IN THE LABOUR COURT OF
SOUTH AFRICA
BRAAMFONTEIN
CASE
NO
: JR949/06
DATE:
2008/04/29
In
the matter between
W.W
BOVULA Applicant
And
THE
SAFETY & SECURITY BARGAINING
COUNCIL
First
Respondent
SOUTH
AFRICAN POLICE
SERVICES Second
Respondent
MRS
Z.
MDLADLA Third
Respondent
J
U D G M E N T
PILLAY
D, J
:
This
is an application to review and set aside the award of the third
respondent commissioner, who had refused to condone the late
referral
of a dismissal dispute. The applicant employee was dismissed on
a charge of corruption on 20 August 2002.
He was
charged criminally and acquitted on 3 September 2003. The
employee referred the dispute to the bargaining council
on
22 April 2005 and made his application for condonation of
the 4 May 2005. The period of delay of more
than
three years, is considerably more than the two years, three months
and 24 days alleged by the applicant in his application
for
condonation. The explanation for the delay is also
unacceptable, as the commissioner found. The commissioner’s
reasons for rejecting the applicant’s explanation appear in
paragraph 4.3 of the award. Given the unacceptable
explanation for the long period of delay, the commissioner did not
need to consider the prospects of success on the merits of the
application.
In
any event, the evidence of the prospects of success presented to the
commissioner is not clear. The fact that the money
was not
found on the employee’s person is neither here nor there.
In the light of the long period of delay, the prejudice
to the
employer is great. Witnesses may no longer be available and even if
they are, their recollection could be impaired. In the
circumstances
the application for review must fail.
The
application is dismissed with costs.
_________
Pillay
D, J
Date
of Editing: 5 July 2009
Appearances:
For
the Applicant: Bethuel Netshisumbewa - SAACOWU
For
the Respondent: Unopposed