J5861/00-JduP
Sneller Verbatim/JduP
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J5861/00
2001.10.17
In the matter between
Applicant
and
1st Respondent
INDUSTRY BARGAINING COUNCIL GREATER
NORTHERN REGION
2nd Respondent
3rd Respondent
4th Respondent
___________________________________________________________
J U D G M E N T
__________________________________________________________
1
JUDGMENT1
LANDMAN, J : Two employees who had been dismissed referred a dispute to the
CCMA. The employer was wrongly cited and the employees thereafter referred a
second dispute to the Commission. The matter came before a Commissioner. The
Commissioner accepted an affidavit by the two employees, presumably as an
application for condonation, although it did not set out all the matters which
should be set out in an application for condonation. A request was made by the
employer for permission to deal with that affidavit. This was denied. The
Commissioner went on to condone the application for condonation. Thereafter
this application for review was launched.
It is quite clear that the Commissioner committed a gross irregularity by not
allowing the employer an opportunity to deal with the application for condonation,
and secondly, the material which served before the Commissioner could not
possibly have caused him to decide that there was good cause for condonation.
In the circumstances therefore the ruling is reviewed and set aside and
referred back to the first respondent for the matter to be reconsidered before a
Commissioner other than the second respondent.
___________________
A A Landman
Judge of the Labour Court of South Africa
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