South Africa: Labour Court

Sneller Verbatim/HVDM

IN THE LABOUR COURT OF SOUTH AFRICA

BRAAMFONTEIN CASE NO: JR1075/01

2002-03-05

In the matter between

MANDLA MANDLOPHA 1^st Applicant

MANDLA SHANGE 2^nd Applicant

JOHANNES MAPONYA 3^rd Applicant

PHILLIP KHOMANE 4^th Applicant

SOUTH AFRICAN FOOD, RETAIL AND

AGRICULTURAL WORKERS UNION 5^th Applicant

and

DISPUTE RESOLUTION CENTRE 1^st Respondent

ROBERT BOSCH (PTY) LTD 2^nd Respondent

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J U D G M E N T

Delivered on 5 March 2002

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REVELAS J:

1. This is an application for the setting aside and review of a ruling made by the second respondent wherein he refused to grant condonation to the first four applicants in respect of the late referral of their dispute. There were several applications for condonation in this matter, including an appeal.

1. 2. I am satisfied that the Dispute Resolution Centre, the first respondent, is also to blame for the delay in this matter and that justice would be served best if the ruling is set aside and the matter is referred to the first respondent to be arbitrated.

3. I make the following order:

1. The ruling under case number 06/656/2000 dated 26 July 2001 handed down on 26 July is set aside.

2. The matter is referred back to the first respondent for arbitration, condonation having been granted.

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E. Revelas