Ramadie and Another v Department of Health, Mpumalanga and Others

The applicants, both employed as social workers by the Mpumalanga Department of Health, referred an unfair labour practice dispute concerning the interpretation and application of a collective agreement (Resolution 1 of 2009: Occupational Specific Dispensation for Social Workers) to the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC). An arbitration award found that the Department had correctly implemented the OSD. The first applicant unsuccessfully applied for rescission of the arbitration award, alleging the arbitration was held in her absence. She then launched a review application in terms of section 145 of the Labour Relations Act, which was filed late and thereafter not diligently prosecuted. The applicants failed to file the arbitration record timeously, failed to seek extensions or condonation for delays, and did not apply to revive the review after it had lapsed and been archived under the Labour Court Practice Manual.

The review application was dismissed for lack of jurisdiction, having lapsed and been archived due to the applicants’ failure to prosecute it diligently and to seek condonation and revival. Costs were awarded against the applicants.

The case reinforces the binding nature of the Labour Court Practice Manual and confirms that non-compliance with its time limits can deprive the Labour Court of jurisdiction. It underscores the principle that review applications must be prosecuted expeditiously and that failure to seek proper condonation and revival is fatal, thereby promoting certainty and finality in labour disputes.