BP South Africa (Pty) Ltd v Pule and Others (JR810/01) [2010] ZALCJHB 47 (8 December 2010)

BP South Africa (Pty) Ltd v Pule and Others (JR810/01) [2010] ZALCJHB 47 (8 December 2010)

The court found that the default order dismissing the applicant's review was erroneously granted because the applicant was not properly served with the application to dismiss and was unaware of the proceedings. Furthermore, the respondent failed to disclose material facts regarding the mutual delays, the attempts to consolidate the reviews, and the shared responsibility for the incomplete record. The court held that, had these facts been disclosed, the order would not have been granted. Accordingly, the rescission was justified under section 165 of the Labour Relations Act.

Citation
[2010] ZALCJHB 47
Parties
Applicant: BP South Africa (Pty) Ltd; Respondent: Pule, Tebalo Andrew; Respondent: Commissioner A Mathebula N.O; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 December 2010
Case Number
JR810/01
Procedural Posture
Review Application / Application for Rescission of Default Order Dismissing Review
Outcome
Application for rescission granted; default order rescinded.
Judges
Molahlehi
Legal Topics
Rescission of Judgment, Review of Arbitration Award, Default Judgment, Delay in Prosecution, Service of Process
Labour Law Civil Procedure Rescission of Judgment Review of Arbitration Award Default Judgment Delay in Prosecution Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

BP South Africa (Pty) Ltd

Applicant

Pule, Tebalo Andrew

Respondent

Commissioner A Mathebula N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Application for Rescission of Default Order Dismissing Review

Legal Issues

  1. 1 Whether the default order dismissing the applicant's review application was erroneously granted and should be rescinded.
  2. 2 Whether the applicant was properly served with the respondent's application to dismiss the review.
  3. 3 Whether both parties contributed to the delay in prosecuting the review applications.

Ratio Decidendi

The court found that the default order dismissing the applicant's review was erroneously granted because the applicant was not properly served with the application to dismiss and was unaware of the proceedings. Furthermore, the respondent failed to disclose material facts regarding the mutual delays, the attempts to consolidate the reviews, and the shared responsibility for the incomplete record. The court held that, had these facts been disclosed, the order would not have been granted. Accordingly, the rescission was justified under section 165 of the Labour Relations Act.

Court Disposition

Application for rescission granted; default order rescinded.

Orders

  • The order granted by the court on 1 August 2007 is rescinded.
  • No order as to costs.