The LAC  condoned the late application after considering the relevant principles.  There were reasonable prospects of success and the interests of justice allowed the granting of condonation.

Khosa v Absa Bank Ltd (JA55/2013) [2015] ZALCJHB 1 (15 January 2015) per Dlodlo AJA (Waglay JP and Setiloane AJA concuriing)


Appeal allowed and Labour Court’s judgment set aside.


[1]        This is an appeal against the order of the Labour Court (Basson, J) handed down on 12 March 2013 in terms of which the Appellant’s application for condonation for the late referral of his dispute to the Labour Court was refused.  The Respondent opposed the appeal on grounds, inter alia, that the condonation application itself is late; it is not in the interests of justice to grant condonation; and that there were no prospects of success in the main claim.

[2]        By way of background, the factual matrix of this matter is as follows: The Appellant was employed by Absa Brokers (Pty) Ltd which later on changed its name to Absa Insurance and Financial Advisors (Pty) Ltd.  The Appellant was dismissed from the employ of the Respondent on 29 February 2012 on the basis of the Respondent’s operational requirements.  The Appellant referred an alleged unfair dismissal dispute to the Commissioner for Conciliation, Mediation and Arbitration (“CCMA”) on 20 March 2012.  The certificate of outcome indicating that the dispute remained unresolved was issued on 12 April 2012.