Andries Bouwer v Supreme Pets CC and Others

The applicant, Andries Bouwer, was dismissed by his employer, Supreme Pets CC, after being found guilty of theft. He was advised of the dismissal decision on 7–8 February 2017. His attorneys lodged an internal appeal out of time, but the employer nevertheless considered and dismissed the appeal on 17 February 2017. The outcome of the appeal was not formally communicated to the applicant and was only disclosed months later when attached to the employer’s opposing papers. Believing the matter unresolved, the applicant referred an unfair dismissal dispute to the CCMA. The CCMA required a condonation application, which was dismissed by the commissioner on the basis that the referral was late and that the applicant had admitted guilt. The applicant then brought a review application in the Labour Court to set aside the condonation ruling, but the review itself was filed outside the statutory six-week period and without an accompanying condonation application.

The review application was dismissed with costs for lack of jurisdiction. The applicant’s attorneys were ordered to show cause, by affidavit within 30 days, why they should not be ordered to pay the applicant’s costs de bonis propriis on an attorney-and-own-client scale, failing which such an order would be made.

The case reinforces the strict jurisdictional nature of time limits for review applications under the Labour Relations Act and confirms that courts cannot condone late filings in the absence of a formal condonation application. It also underscores that internal appeal outcomes determine the commencement of referral periods under section 191(1)(b)(i). Importantly, it illustrates the Labour Court’s willingness to consider de bonis propriis cost orders against attorneys for serious negligence.