Sneller Verbatim/MS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J2025/02
2002-12-11
In the matter between
MDLULI, NTOMBI Applicant
and
CITIMED TOTAL PHARMACY Respondent
_______________________________________________________________
_
J U D G M E N T
_______________________________________________________________
_
REVELAS, J:
1. In this matter the applicant, Ms Mdluli, brought an
application in terms of section 158(1)(c) of the Labour
Relations Act 66 of 1995, as amended (“the Act").
2. This application to make an award of an arbitrator of
the Commission for Conciliation Mediation and
Arbitration (“the CCMA”), an order of court, was
brought fourteen months after the award had been
issued.
1. 3. The respondent brought an application to review the
award of the arbitrator in terms of which the applicant
was awarded compensation in an amount of some R36
000,00. The application for review is also brought
considerably out of time. Both parties are in the
wrong.
1. 4. I have listened to the argument of both parties and
have decided to exercise my discretion in favour of
justice. Accordingly I make an order to the effect
that the application, in terms of section 158(1)(c) is
postponed sine die , that the respondent bring its
application for condonation for the late filing of its
review application within 21 days hereof, failing
which, the respondent will be barred from opposing this
matter. At the hearing of the application for
condonation the parties will be given a proper further
opportunity to both air their respective cases.
5. In the circumstances I make the following order.
1. The application in terms of section 158(1)(c) of the
Labour Relations Act 66 of 1995, is postponed sine die .
2. The respondent is to file and serve its condonation
application within 21 days of this order failing which
the respondent will be debarred from opposing this
matter.
3. There is no order as to costs.
__________________
E. Revelas