Hlub i v Mthethwa and Others

The applicant, Alinah Hlubi, filed a timeous review application in the Labour Court on 5 April 2018 to review an arbitration award issued under the auspices of the General Public Service Sector Bargaining Council, relating to her dismissal by the Department of Environmental Affairs. Although the review application itself was filed in time, the applicant failed to file the transcribed arbitration record within the 60-day period prescribed by the Labour Court Practice Manual. The record was only filed approximately three months late, together with a supplementary affidavit. As a result, the review application was archived and deemed withdrawn in terms of paragraph 11.2.3 of the Practice Manual. The applicant thereafter brought an application to revive the review and to obtain condonation for the late filing of the record.

The application to revive the review and to condone the late filing of the record was dismissed with costs.

This case underscores the binding nature of the Labour Court Practice Manual and confirms that non-compliance with prescribed time periods may result in a review application being deemed withdrawn. It reinforces the principle that a full and reasonable explanation for delay is a threshold requirement in condonation and revival applications, and that prospects of success cannot rescue an application where the explanation is inadequate.