Boumbeyi v Commission for Conciliation, Mediation and Arbitration and Others

The applicant, Mr Charles Landry Boumbeyi, was retrenched by Tarsus Distribution (Pty) Ltd on 19 June 2020. He was required to refer an unfair dismissal dispute to the CCMA within 30 days but only a referral dated 2 March 2021 could be proven. This resulted in a delay of approximately 211 days. Boumbeyi applied for condonation at the CCMA, alleging an earlier referral in October 2020, but produced no proof. The CCMA arbitrator refused condonation due to the excessive and unexplained delay. Boumbeyi then brought a review application to the Labour Court to set aside the condonation ruling.

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

The case reaffirms established Labour Court and Labour Appeal Court authority that where there is an inordinate and inadequately explained delay in labour litigation, condonation may be refused without considering prospects of success. It underscores the strict approach to time limits in labour disputes and the limited scope of review under the reasonableness test.