AM Germishuizen t/a AC Payroll And Recruitment Services Solution CC v Fulton and Others (JR964/12) [2014] ZALCJHB 149 (6 May 2014)

AM Germishuizen t/a AC Payroll And Recruitment Services Solution CC v Fulton and Others (JR964/12) [2014] ZALCJHB 149 (6 May 2014)

The court found that the applicant failed to provide a reasonable explanation for its absence at the arbitration hearing. The applicant’s version regarding non-receipt of the notice of set down was contradicted by the first respondent and not adequately addressed in the applicant’s affidavits. The commissioner’s finding that the first respondent’s version was more probable was reasonable. Although the applicant demonstrated prospects of success, this alone was insufficient without a satisfactory explanation for default. The commissioner’s rescission and jurisdictional rulings were reasonable and not susceptible to interference. Consequently, the review application was dismissed.

Citation
[2014] ZALCJHB 149
Parties
Applicant: AM Germishuizen t/a AC Payroll And Recruitment Services Solution CC; Respondent: Michael David Fulton; Respondent: The CCMA; Respondent: Commissioner John Shardlow; Respondent: Commissioner R McGregor
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 May 2014
Case Number
JR964/12
Procedural Posture
Review Application / Judgment on Review of Rescission and Jurisdictional Rulings
Outcome
Review application dismissed with no order as to costs.
Judges
Manchu
Legal Topics
Unfair Dismissal, Rescission of Award, Condonation, Jurisdiction of Ccma
Labour Law Civil Procedure Unfair Dismissal Rescission of Award Condonation Jurisdiction of Ccma

Case Brief

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Parties

AM Germishuizen t/a AC Payroll And Recruitment Services Solution CC

Applicant

Michael David Fulton

Respondent

The CCMA

Respondent

Commissioner John Shardlow

Respondent

Commissioner R McGregor

Respondent

Procedural Posture

Review Application / Judgment on Review of Rescission and Jurisdictional Rulings

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for failing to attend the arbitration hearing.
  2. 2 Whether the rescission of the default arbitration award was justified.
  3. 3 Whether the CCMA had jurisdiction to entertain the arbitration after the default award remained in force.

Ratio Decidendi

The court found that the applicant failed to provide a reasonable explanation for its absence at the arbitration hearing. The applicant’s version regarding non-receipt of the notice of set down was contradicted by the first respondent and not adequately addressed in the applicant’s affidavits. The commissioner’s finding that the first respondent’s version was more probable was reasonable. Although the applicant demonstrated prospects of success, this alone was insufficient without a satisfactory explanation for default. The commissioner’s rescission and jurisdictional rulings were reasonable and not susceptible to interference. Consequently, the review application was dismissed.

Court Disposition

Review application dismissed with no order as to costs.

Orders

  • The review application is dismissed.
  • No order as to costs.