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 was proven to exist. This resulted in a delay of approximately 211 days. Boumbeyi applied to the CCMA for condonation, alleging that he had earlier referred the dispute in October 2020, but he provided no proof and no detailed explanation for the delay. The CCMA commissioner refused condonation on the basis of the excessive and unexplained delay, without considering the merits of the unfair dismissal claim. Boumbeyi then brought a review application in the Labour Court to set aside the condonation ruling.

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

The case reaffirms well-established Labour Court and Labour Appeal Court principles on condonation, particularly that an excessive and unexplained delay justifies refusal of condonation without regard to prospects of success. It underscores the limited scope of review under section 145 of the LRA and the importance of providing a full, detailed explanation for every period of delay in labour litigation.