Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09) [2011] ZALCJHB 267 (25 November 2011)

Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09) [2011] ZALCJHB 267 (25 November 2011)

The Labour Court found that the record of the arbitration proceedings before the bargaining council was defective and incomplete, making it impossible for the court to properly adjudicate the review application. In line with established precedent, the court held that the appropriate remedy in such circumstances is...

Source-derived case information.

Citation
[2011] ZALCJHB 267
Parties
Applicant: Cargo Motors (Pty) Ltd; Respondent: Rene Hyser N.O; Respondent: Dispute Resolution Centre: A Division of the Motor Industry Bargaining Council; Respondent: UPUSA obo David Makganyetsi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Case Number
JR1017/09
Procedural Posture
Review Application / Judgment
Outcome
The application for review is granted. The arbitration award is set aside and the matter is remitted to the bargaining council for a hearing de novo.
Judges
Molahlehi
Legal Topics
Review of Arbitration Award, Remittal of Matter, Defective Record, Jurisdiction of Bargaining Council
Labour Law Civil Procedure Review of Arbitration Award Remittal of Matter Defective Record Jurisdiction of Bargaining Council

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cargo Motors (Pty) Ltd

Applicant

Rene Hyser N.O

Respondent

Dispute Resolution Centre: A Division of the Motor Industry Bargaining Council

Respondent

UPUSA obo David Makganyetsi

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the bargaining council should be reviewed and set aside.
  2. 2 Whether the matter should be remitted to the bargaining council for a hearing de novo due to a defective record.
  3. 3 Whether the bargaining council had jurisdiction to determine the dispute.

Ratio Decidendi

The Labour Court found that the record of the arbitration proceedings before the bargaining council was defective and incomplete, making it impossible for the court to properly adjudicate the review application. In line with established precedent, the court held that the appropriate remedy in such circumstances is to remit the matter to the bargaining council for a hearing de novo. The court was satisfied that the applicant had established grounds for review and that the interests of justice required that the dispute be reconsidered afresh by the bargaining council.

Court Disposition

The application for review is granted. The arbitration award is set aside and the matter is remitted to the bargaining council for a hearing de novo.

Orders

  • The arbitration award issued by the bargaining council is reviewed and set aside.
  • The dispute is remitted to the bargaining council for a hearing de novo.