Cash Paymaster Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 983/06) [2008] ZALC 191 (12 March 2008)

Cash Paymaster Services (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 983/06) [2008] ZALC 191 (12 March 2008)

The court held that section 138(5) of the Labour Relations Act does not compel a Commissioner to dismiss a matter in all instances where the applicant fails to attend arbitration proceedings. The section clearly confers a discretion, allowing the Commissioner to either dismiss or postpone the matter. In this case,...

Source-derived case information.

Citation
[2008] ZALC 191
Parties
Applicant: Cash Paymaster Services (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Harold Matsepe N.O.; Respondent: Alwyn Jacobus De Waal
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 March 2008
Case Number
JR 983/06
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the Commissioner’s ruling is dismissed. The matter is remitted to the CCMA for arbitration. No order as to costs.
Judges
A Van Niekerk
Legal Topics
Ccma Postponement, Commissioner Discretion, Section 138 5, Arbitration Nonattendance
Labour Law Civil Procedure Ccma Postponement Commissioner Discretion Section 138 5 Arbitration Nonattendance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cash Paymaster Services (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Harold Matsepe N.O.

Respondent

Alwyn Jacobus De Waal

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether a Commissioner is compelled to dismiss a dispute when the referring party fails to attend arbitration proceedings.
  2. 2 Whether the Commissioner exercised his discretion reasonably in rescheduling the arbitration rather than dismissing the matter.
  3. 3 Whether failure to comply with CCMA rules regarding postponement is fatal to the referring party's case.

Ratio Decidendi

The court held that section 138(5) of the Labour Relations Act does not compel a Commissioner to dismiss a matter in all instances where the applicant fails to attend arbitration proceedings. The section clearly confers a discretion, allowing the Commissioner to either dismiss or postpone the matter. In this case, although the referring party's attorney did not comply with the rules for postponement and failed to notify the applicant, the Commissioner’s decision to reschedule the arbitration was not unreasonable. The Commissioner’s order for wasted costs was an appropriate admonition for the procedural non-compliance. The application to review and set aside the Commissioner’s ruling was...

Court Disposition

Application to review and set aside the Commissioner’s ruling is dismissed. The matter is remitted to the CCMA for arbitration. No order as to costs.

Orders

  • The application to review and set aside the Second Respondent’s ruling is dismissed.
  • The matter is remitted to the CCMA for arbitration of the dismissal dispute between the Applicant and the Third Respondent.