NUMSA obo Isaac Maphoto v Diale Ntsoane N.O. and Others

The applicant, Mr Isaac Maphoto, was employed by Otraco Southern Africa (Pty) Ltd as a Tyre Service Man and was also a NUMSA shop steward. He was dismissed in July 2017 for misconduct after sending a WhatsApp message to the employer’s Regional Manager, Mr Louw, accusing him of being a liar. The accusation arose from a dispute about whether a safety officer would face disciplinary action; the applicant believed Louw had assured him no disciplinary process would follow, but the safety officer later received a verbal warning. The applicant was charged with serious misconduct for disrespectful behaviour and dismissed. An arbitration under the Motor Industries Bargaining Council found the dismissal substantively fair. The applicant then brought a review application in the Labour Court, filed approximately two months late, together with an application for condonation.

The application for condonation for the late filing of the review application was refused, and consequently the review application was dismissed. No order as to costs was made.

The case reinforces the stringent approach adopted by the Labour Court toward condonation applications in late review proceedings. It confirms that weak explanations for delay and poor prospects of success will be fatal, particularly in review matters, and underscores that employees on final written warnings may justifiably be dismissed for further misconduct without recourse to progressive discipline.