National Education Health and Allied Workers Union (NEHAWU) obo Second to Seventeenth Applicants v Metrofile (Pty) Ltd and Others

The individual applicants, represented by NEHAWU, were retrenched and alleged that their retrenchments were unfair. A dispute was referred to the CCMA on 5 July 2017 and conciliated on 1 August 2017, resulting in a certificate indicating that the matter had to be referred to the Labour Court. Instead, NEHAWU erroneously referred the dispute to CCMA arbitration in September 2017. The CCMA ruled on 20 November 2017 that it lacked jurisdiction. After further delays, including the December holiday period, consultations with attorneys and counsel, and the delivery of an invalid Rule 7 application, the applicants eventually filed their statement of claim on 29 May 2018, 211 days late. They applied for condonation for the late filing.

The application for condonation was dismissed. Consequently, the referral of the unfair dismissal dispute was dismissed. No order as to costs was made.

The case reinforces the strict approach of the Labour Court to condonation applications, particularly in the context of lengthy delays and inadequate explanations. It underscores the principle that applicants must clearly set out prospects of success in their founding affidavits and cannot rely on unincorporated pleadings. The judgment also affirms the importance of the speedy resolution of labour disputes and clarifies procedural discipline in Labour Court litigation.