Othusitse Isop Seleke v Commission for Conciliation, Mediation and Arbitration and Others

The applicant, Mr Othusitse Isop Seleke, was dismissed by his employer, Little Green Beverages (Pty) Ltd. The dismissal was referred to the CCMA, where the second respondent commissioner issued an arbitration award on 26 March 2017 finding the dismissal to be fair. The applicant sought to review and set aside the arbitration award in the Labour Court. However, the review application was filed approximately five and a half months late. In addition, the applicant failed to file the transcribed record and supplementary affidavit within the prescribed time periods, resulting in the review application being deemed withdrawn under the Labour Court Practice Manual. The applicant applied for condonation for both the late filing of the review application and the late filing of the record and supplementary affidavit.

The application for condonation for the late filing of the review application was dismissed. The review application was deemed to have been withdrawn due to the late filing of the record, and the application to reinstate or condone the review was dismissed. The matter was struck from the roll for lack of jurisdiction. No order as to costs was made.

This judgment reinforces the strict approach taken by the Labour Court toward compliance with time limits in review applications. It underscores the importance of expedition in labour disputes, the applicant’s onus to provide a full and compelling explanation for delays, and the requirement to substantiate prospects of success. The case illustrates the consequences of non-compliance with the Labour Court Rules and Practice Manual.