Lesotho Bakery (Pty) Ltd v Loape and Another (LC/REV 73 of 12) [2015] LSLC 21 (14 January 2015)

Lesotho Bakery (Pty) Ltd v Loape and Another (LC/REV 73 of 12) [2015] LSLC 21 (14 January 2015)

The Arbitrator failed to apply his mind to all essential elements of a rescission application by considering only the explanation for default and not the bona fide defence or prospects of success, constituting a material mistake of law and reviewable error under Section 228F(3) of the Labour Code (Amendment) Act, 2000.

Citation
[2015] LSLC 21
Parties
Applicant: Lesotho Bakery (Pty) Ltd; 1st Respondent: Refiloe Loape; 2nd Respondent: Directorate of Dispute Prevention and Resolution
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
14 January 2015
Case Number
LC/REV 73 of 12
Procedural Posture
Review Application / Judgment on Review of Arbitral Award
Outcome
Review application succeeds; DDPR award set aside; matter remitted for rehearing before a different Arbitrator; no order as to costs.
Legal Topics
Rescission of Judgment, Review of Arbitral Award, Unfair Dismissal, Procedural Fairness
Source Language
English
Labour Law Civil Procedure Rescission of Judgment Review of Arbitral Award Unfair Dismissal Procedural Fairness

Case Brief

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Parties

Lesotho Bakery (Pty) Ltd

Applicant

Refiloe Loape

1st Respondent

Directorate of Dispute Prevention and Resolution

2nd Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitral Award

Legal Issues

  1. 1 Whether the Arbitrator erred in refusing rescission by failing to consider all essential elements required for rescission applications
  2. 2 Whether the Arbitrator’s decision was reviewable for mistake of law under Section 228F(3) of the Labour Code (Amendment) Act, 2000

Ratio Decidendi

The Arbitrator failed to apply his mind to all essential elements of a rescission application by considering only the explanation for default and not the bona fide defence or prospects of success, constituting a material mistake of law and reviewable error under Section 228F(3) of the Labour Code (Amendment) Act, 2000.

Court Disposition

Review application succeeds; DDPR award set aside; matter remitted for rehearing before a different Arbitrator; no order as to costs.

Orders

  • The decision of the DDPR in AO 227/12 (b) is reviewed and set aside.
  • The matter is remitted to the DDPR to be heard afresh before another Arbitrator.