IN THE LABOUR COURT OF SOUTH AFRICA
(HELD IN DURBAN)
      		Case no: D 1782-17
Not Reportable
In the matter between:
LONDEKA GWALA					Applicant
and
CCMA							First Respondent
SIZWE M NGUBANE N.O.				Second Respondent
CHICKENLAND (PTY) LTD t/a NANDOS	Third Respondent 	
Heard:	2 July 2020
Judgment delivered:	5 August 2020

JUDGMENT

WHITCHER J
[1]	The application to review and set aside a condonation ruling by the second respondent (“the commissioner”) is dismissed for the following reasons.
[2]	The review application does not pass the stringent test for a review and the very circumscribed basis upon which a court is entitled to interfere with a discretionary ruling. 
[3]	It is evident from the ruling that the commissioner appreciated the factors that needed to be considered in a condonation application and applied his mind thereto.
[4]	It cannot be said that no reasonable commissioner could have found that the applicant failed to provide a reasonable explanation for the delay and failed to demonstrate good prospects of success in the dismissal dispute.
[5]	It is common cause that the applicant was warned in his dismissal letter that if he chooses to refer his matter to the CCMA, it must be done within 30 days.
[6]	The applicant did not require the third respondent’s disciplinary code to refer his matter to the CCMA. In any event, one does not need a disciplinary code to confirm that the allegations proffered against the applicant constituted a dismissible offence.
[7]	The minutes of the disciplinary proceedings and the outcome report indicate that the applicant has very poor prospects of success on the main charge.
[8]	In the premises, the review application is dismissed.
________________________________
Benita Whitcher 
 						Judge of the Labour Court of South Africa
APPEARANCES:
APPLICANT:			Xaba Attorneys
				dumixaba@xabainc.com
THIRD RESPONDENT:	Guardian Employers Organisation
				geoffc@geo.org.za