South Africa: Johannesburg Labour Court, Johannesburg

REPUBLIC OF SOUTH AFRICA           

the labour court of South Africa, johannesburg

judgment

Not reportable/Reportable

CASE NO:JR 2315/17

In the matter between:

LEON BLOEM                                                                        Applicant

And

EDELWEISS GLASS & ALUMINUM                                      First Respondent

COMMISSION OF CONCILIATION,

MEDIATION AND ARBITRATION                                           Second Respondent

COMMISSIONER ROBERT SKHOSANA                               Third Respondent

Heard : 12 February 2019

Judgment delivered:  14 February 2019

 JUDGMENT

VAN NIEKERK J

[1]        This is an application to review and set aside a ruling made by the third respondent on 10 October 2017, when he refused to condone the late referral of a dispute to arbitration. The ruling records that the degree of lateness is 175 days, that the reasons proffered by the applicant were not satisfactory and that the respondent would suffer considerable prejudice should condonation be granted.

[2]        On 13 October 2016, the applicant referred an unfair dismissal dispute to conciliation. The matter was set down for con-arb. ??? The dispute was not resolved, and a certificate of outcome was issued on 16 November 2016. The applicant completed a request for arbitration on 13 September 2017.

André van Niekerk

Judge

REPRESENTATION

For the applicant: In Person

For the respondent: