Department of Education: Free State Province v Suid-Afrikaanse Onderwysers Unie (SAOU) obo B Greyvenstein and Others

The Department of Education: Free State Province launched a review application on 10 October 2023 to set aside an arbitration award issued under the auspices of the Education Labour Relations Council concerning the regrading of Riebeeckstad Secondary School and its impact on the principal’s salary. In terms of the Labour Court Practice Manual, the applicant was required to file the record of proceedings within 60 days of notification that the record had been received. Due to delays in accessing and transcribing the arbitration record—partly because the record and audio were made available in a piecemeal fashion—the full record was only completed by late February 2024. As a result, the review application was deemed withdrawn. The applicant then brought an application on 8 March 2024 to reinstate the review application. The reinstatement application was opposed by the SAOU on behalf of the employee.

The application to reinstate the review application was granted. No order as to costs was made.

The judgment reinforces Labour Court jurisprudence that review applications deemed withdrawn for failure to file records timeously may be reinstated on good cause shown. It clarifies the approach to condonation in the context of the Practice Manual and affirms a pragmatic, fairness-based assessment of delay, prospects of success, and prejudice in reinstatement applications.