Lekgotho Phillip v Mamba Security Services and Others

The applicant was dismissed by Mamba Security Services in December 2020 for alleged misconduct. His trade union, TAWUSA, referred an unfair dismissal dispute to the CCMA. After a certificate of outcome was issued, the dispute was not referred for arbitration within the 90-day period prescribed by section 136(1)(b) of the Labour Relations Act. The request for arbitration was served late, and a condonation application was brought on the applicant’s behalf, explaining that a union official had forgotten to file the request timeously. The CCMA commissioner refused condonation, finding the delay excessive and the explanation inadequate. The applicant then brought an unopposed review application to the Labour Court to set aside the commissioner’s ruling.

The review application was dismissed. No order as to costs was made.

The case reaffirms the strict limits of judicial review of CCMA rulings under section 145 of the Labour Relations Act and underscores that review proceedings are not appeals. It confirms that parties cannot introduce new factual explanations at the review stage and that condonation applications must contain a full and proper explanation for delay. The judgment also reinforces the principle that employees bear some responsibility for the prosecution of their disputes, even where represented by a trade union.