Sneller Verbatim/HVDM
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR1263/01
2002-03-05
In the matter between
ANGLO OPERATIONS Applicant
and
CCMA Respondent
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J U D G M E N T
Delivered on 5 March 2002
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REVELAS J:
1. This is an application for the review of the decision
of the second respondent, a commissioner appointed by
the first respondent, the Commission for Conciliation
Mediation and Arbitration, in an application for
condonation for the late filing of dispute with the
first respondent, between the applicant and the third
respondent, Mr Barios.
1. 2. On 17 September 2001 the third respondent filed a
notice to oppose this review application but
subsequently never filed any other response. Today an
application for the postponement of the matter has been
brought by a person appearing on behalf of Mr Barios.
1. 3. I have listened to both parties and submissions made
by them and in particular my attention was drawn to the
fact that the third respondent, Mr Barios, feels that
justice wouldn't be done and all he wanted is for his
case to be heard.
4. On the papers that I have read and on the submissions
made by counsel on behalf of the applicant, I am
persuaded that the decision to grant condonation of the
very late referral, that is i.e. 18 months, was not
considered properly and in the circumstances that
ruling should be set aside.
5. I accordingly make the following order:
1. The decision of the arbitrator or commissioner dated
24 July 2001 to condone the late referral of the
dispute is reviewed and set aside.
2. The certificate of outcome under case number
GA6000/2001 is set aside.
3. The question of the late referral in terms of sections
191(1) and 191(2) of the Labour Relations Act is to be
considered afresh by a different arbitrator or
commissioner.
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E. Revelas