Club Motors Selby v Matlala (J940/00) [2003] ZALC 61 (27 May 2003)

Club Motors Selby v Matlala (J940/00) [2003] ZALC 61 (27 May 2003)

The court found that the CCMA Commissioner committed a gross irregularity by entertaining and relying upon facts submitted by the union at the hearing that were not under oath and which the employer's representative was unable to address. This prejudiced Club Motors Selby and influenced the Commissioner's rejection of the employer's explanation regarding non-receipt of the notice of set down. The Commissioner should not have taken these unsworn facts into account. Had the Commissioner not relied on these facts, the ruling would likely have been different. Accordingly, the Labour Court reviewed and set aside the Commissioner's ruling and granted the rescission application.

Citation
[2003] ZALC 61
Parties
Applicant: Club Motors Selby; Respondent: M L Matlala
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 May 2003
Case Number
J940/00
Procedural Posture
Review Application / Labour Court Review of CCMA Rescission Refusal
Outcome
The Labour Court reviewed and set aside the CCMA Commissioner's ruling and granted the application for rescission.
Judges
A A Landman
Legal Topics
Rescission of Award, Gross Irregularity, Default Judgment, Service of Process
Labour Law Civil Procedure Rescission of Award Gross Irregularity Default Judgment Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Club Motors Selby

Applicant

M L Matlala

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Rescission Refusal

Legal Issues

  1. 1 Whether the CCMA Commissioner committed a gross irregularity by relying on unsworn facts submitted by the union at the rescission hearing.
  2. 2 Whether Club Motors Selby was prejudiced by the Commissioner accepting facts it could not rebut.
  3. 3 Whether the notice of set down was properly served on the employer.

Ratio Decidendi

The court found that the CCMA Commissioner committed a gross irregularity by entertaining and relying upon facts submitted by the union at the hearing that were not under oath and which the employer's representative was unable to address. This prejudiced Club Motors Selby and influenced the Commissioner's rejection of the employer's explanation regarding non-receipt of the notice of set down. The Commissioner should not have taken these unsworn facts into account. Had the Commissioner not relied on these facts, the ruling would likely have been different. Accordingly, the Labour Court reviewed and set aside the Commissioner's ruling and granted the rescission application.

Court Disposition

The Labour Court reviewed and set aside the CCMA Commissioner's ruling and granted the application for rescission.

Orders

  • The ruling of the first respondent, dated 17 December 1999, is reviewed and set aside.
  • The application for rescission is granted.