A former mine worker who challenged his retrenchment has lost his case at the Labour Court in Johannesburg after the judge ruled that his application was filed too late and without a reasonable explanation.
Maletsoko Masha worked as an Excavator Ripper Operator at Lwala Mine under Zizwe Opencast Mining. In 2022, when the mine announced closures affecting over 200 workers, Masha’s position was among those terminated. Although he was offered a temporary alternative role as an Excavator Bucket Operator at a reduced rate, he declined. Later, he attempted to accept the same role, but the company refused, saying he had already turned it down.
He pursued an unfair dismissal case through the Bargaining Council and later at the Commission for Conciliation, Mediation and Arbitration (CCMA). When the matter was not resolved, he was instructed to approach the Labour Court within 90 days, but his filing came months late.
Masha argued that delays at the Post Office and difficulties reaching his former employer contributed to the missed deadline. However, Acting Judge Hedda Schensema found that he had his employer’s email address and failed to provide convincing reasons for the lengthy delay.
The court dismissed his application, ruling that he did not show good cause for the late filing. Judge Schensema said the explanation lacked detail and was not acceptable under the circumstances.