Sneller Verbatim/HDJ
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR854/02
2002-10-15
In the matter between
D C MHLANGA Applicant
and
BMW SA Respondent
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J U D G M E N T
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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.
1. 1. 2. The delay in question was 6 ½ 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.