UNTU obo David Mahabe v D J G Woolfrey NO and Others

David Mahabe, represented by UNTU, was dismissed by Transnet Group Capital (a division of Transnet) for misconduct arising from a conflict of interest amounting to dishonesty. He referred an unfair dismissal dispute to the Transnet Bargaining Council, where the arbitrator (D J G Woolfrey NO) found the dismissal substantively fair in an award dated 3 August 2019. Mahabe sought to review and set aside the arbitration award in the Labour Court under sections 145 and 158(1)(g) of the Labour Relations Act 66 of 1995. The review application was filed almost four weeks late and was not accompanied by a condonation application, which was only filed some five months later. Transnet opposed both the review and condonation applications.

Condonation for the late filing of the review application was refused, and as a consequence, the review application was dismissed.

The judgment reinforces the strict approach of the Labour Court to condonation in review applications under the LRA, emphasizing that unexplained delays—particularly in bringing a condonation application—are often fatal. It underscores the importance of expeditious dispute resolution in labour matters and affirms that conflicts of interest involving dishonesty justify dismissal where trust is destroyed.