The Doctrine of Functus Officio and the CCMA

Posted: December 11, 2012 in Uncategorized

In PT Operatioal Services (Pty) Ltd v RAWU obo , the Labour Appeal Court per Musi AJA was vexed with a scenario where a CCMA commissioner dismissed a rescission application in an instance where it was not timeously brought and no application for condonation was made.  The rationale for dismissing the application being that no application for condonation was made.

 

Musi AJA found that there was solely a procedural defect and that the Commissioner was not functus officio.  Musi AJA further reasoned that the dismissal of the application in such circumstances was similar to a ruling of absolution from the instance and as such the application could be re-enrolled upon procedural compliance.  He finally noted that the Commissioner should rather have struck the matter from the roll.

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