South African Chemical Workers Union and Another v African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes

Mr Protus Dladla, the second appellant, alleged that his dismissal by the respondent employer was unfair. The South African Chemical Workers Union referred the dispute to the Industrial Court after conciliation failed. The referral was substantially out of time, necessitating an application for condonation. After a delay, the Industrial Court granted condonation and ordered the appellants to pay the respondent’s costs. The respondent appealed this condonation order to the Labour Appeal Court, which held that the order was immediately appealable, upheld the appeal, and set aside the grant of condonation. The appellants then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs. The decision of the Labour Appeal Court setting aside the grant of condonation was upheld.

The case clarifies that certain preliminary rulings of the Industrial Court, including condonation decisions that are final and dispositive of jurisdictional issues, are immediately appealable under section 17(21A)(a) of the Labour Relations Act 28 of 1956. It resolved conflicting Labour Appeal Court authority and provided guidance on balancing expeditious dispute resolution against piecemeal appeals in labour matters.