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[2009] ZALCJHB 3
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Manngo v Transnet Freight Rail (JS113/08) [2009] ZALCJHB 3 (15 September 2009)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
IN JOHANNESBURG
NOT REPORTABLE
CASE
NO: JS 113/08
In
the matter between:
VICTOR
MANNGO
APPLICANT
AND
TRANSNET
FREIGHT
RAIL
RESPONDENT
JUDGMENT
Molahlehi J
Introduction
[1]
This is an unopposed application for
condonation for the late filing of the statement of case of the
applicant. In his statement
of case the applicant states that he was
dismissed by the respondent on the 31
st
December 2007 after his continued employment was made intolerable by
the respondent.
[2]
Without going into the details of the
background facts it would appear that the issue that led to the
resignation by the respondent
arose from his unhappiness in the
manner in which the Afrikaans language was used in meetings at the
workplace. His contention
in this regard is that Afrikaans was used
by some of his seniors in order to marginalise him.
[3]
It is not clear why the applicant has made
an application for condonation because in the condonation application
itself at paragraph
6.2 he states the following:
“
6.2
Jurisdictional ruling was only issued on the 11
th
February 2008 and this referral is still within the 90 days period.”
[4]
It would seem that the applicant’s
application was motivated by the letter addressed by the Transnet
Bargaining Council dated
11
th
February 2008 to the South African Railways and Harbours Union
which reads as follows:
“
Sir
DECLARATION OF
DISPUTES: MR V MANNGO, EMPLOYEE NO. FBP 449L: GRADE – CHIEF
ADMIN OFFICIAL: SOUTH AFRICAN RAILWAYS AND HARBOUR
UNION VERSUS
TRANSNET [CORPORATE/SAFETY] HEAD OFFICE – GAUTENG REGION –
Quote [“CONSTRUCTIVE DISMISSAL –
ILL TREATEMENT I HAVE
BEEN RECEIVING FROM MY WHITE (SENIOR) COLLEAGUES – THE ISSUE OF
DISCRIMINATION THROUGH WORK AND THE
USE OF AFRIKAANS AS MEDIUM OF
INSTRUCTION.”]
Attached
correspondence received from MR V MANNGO on 07
TH
FEBRUARY
2008 for your URGENT attention.
The following is
brought to your attention:-
·
In terms of the CONSTITUTION and
PROCEDURES to be followed, please advise if SOUTH AFRICAN RAILWAYS
AND HARBOUR UNION is in a position
to declare a dispute on behalf of
MR V MANNGO who is a member of S.A.R.W.H.U.
·
Please also be advised that the Time
Period in which to declare a
Dispute
is 30 days
from the date after the date of dismissal etc. / See LRA 7.11 FORM:
Page 4
:
Su-Title
-
7) Date of Dispute (b)
> Resignation – Date 31 December 2007.
·
The Declaration of Dispute was received
on the 07
TH
FEBRUARY 2008 which makes it late and the Council cannot submit this
until you have lodged a letter of explanation as to why the
Declaration of Dispute is late.
However the Dispute
has been declared as an Employee Equity Dispute and as you are aware
Bargaining Councils lack jurisdiction in
terms of the LRA.
The Council therefore
lacks jurisdiction to pursue the matter and you are advised to refer
the Dispute to the Labour Court.”
[5]
It would appear that the union has not
referred the dispute for conciliation to the Bargaining Council as
the representative failed
to produced the certificate of outcome when
invited to do so by the Court.
[6]
In my view the applicant has failed to show
what case the Court is supposed to entertain.
[7]
In the premises the case of the applicant
is struck off the roll.
_______________
Molahlehi
J
Date
of Hearing :
9
th
September 2009
Date
of Judgment :
15
th
September 2009
Appearances
For
the Applicant :
Mr B Netshisumbewa (union official)
APPLICATION
WAS UNOPPOSED