LAC Summary: Delay in prosecuting review application- principles restated- unreasonableness of the delay and unsatisfactory explanation.  Appeal dismissed with costs.

Colett v Commission for Conciliation, Mediation And Arbitration and Others (P293/2009, PA7/12) [2014] ZALAC 1 [2014] 6 BLLR 523 (LAC) (13 February 2014)

Coram: Tlaletsi ADJP, C J Musi and Mokgoatlheng AJJA

Heard: 28 November 2013     Delivered: 13 February 2014

 [1] This is an appeal against the judgment of the Labour Court (Molahlehi J) wherein it dismissed a review application, which was launched by the appellant, because the latter delayed in prosecuting the review within a reasonable time.  The appeal is with the leave of the court a quo.

[2] The appellant was employed by the third respondent (General Motors (SA) Pty Ltd) as a warranty auditor.  The appellant was charged and convicted, at a disciplinary hearing, of deliberately and dishonestly misrepresenting facts to dealers and his colleagues, in order to have his private motor vehicle repaired at the third respondent’s costs.  An internal appeal was unsuccessful.