Computer Storage Services Africa (Pty) Ltd v CCMA and Others (C734/2014) [2015] ZALCCT 75 (2 October 2015)

Computer Storage Services Africa (Pty) Ltd v CCMA and Others (C734/2014) [2015] ZALCCT 75 (2 October 2015)

The court found that the applicant failed to apply for condonation for the late filing of the review application in relation to the default arbitration award, depriving the court of jurisdiction to entertain a review against that award. Regarding the rescission ruling, the applicant's explanation for the delay was inadequate, and it failed to provide sufficient evidence to rebut the presumption of proper service of the notice of set down. The applicant's reliance on the consultancy agreement was rejected, as the substance of the relationship indicated employment. The prospects of success in the review were found to be poor, and the threshold for interference with the CCMA's decision was...

Citation
[2015] ZALCCT 75
Parties
Applicant: Computer Storage Services Africa (Pty) Ltd; Respondent: CCMA; Respondent: John M Saivhe N.O; Respondent: Mohau Ntaopane N.O; Respondent: Veronica Bowie
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
2 October 2015
Case Number
C734/2014
Procedural Posture
Review Application / Application for Condonation of Late Filing of Review; Review of Arbitration Award and Rescission Ruling
Outcome
Application for condonation dismissed; applicant to pay costs including travel and accommodation of fourth respondent's attorney.
Judges
Van Niekerk
Legal Topics
Condonation, Rescission of Award, Unfair Suspension, Employment Relationship, Costs Award
Labour Law Civil Procedure Condonation Rescission of Award Unfair Suspension Employment Relationship Costs Award

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Parties

Computer Storage Services Africa (Pty) Ltd

Applicant

CCMA

Respondent

John M Saivhe N.O

Respondent

Mohau Ntaopane N.O

Respondent

Veronica Bowie

Respondent

Procedural Posture

Review Application / Application for Condonation of Late Filing of Review; Review of Arbitration Award and Rescission Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to condonation for the late filing of the review application.
  2. 2 Whether the rescission ruling and default arbitration award were issued erroneously in the absence of the applicant.
  3. 3 Whether the fourth respondent was an employee or an independent contractor.

Ratio Decidendi

The court found that the applicant failed to apply for condonation for the late filing of the review application in relation to the default arbitration award, depriving the court of jurisdiction to entertain a review against that award. Regarding the rescission ruling, the applicant's explanation for the delay was inadequate, and it failed to provide sufficient evidence to rebut the presumption of proper service of the notice of set down. The applicant's reliance on the consultancy agreement was rejected, as the substance of the relationship indicated employment. The prospects of success in the review were found to be poor, and the threshold for interference with the CCMA's decision was...

Court Disposition

Application for condonation dismissed; applicant to pay costs including travel and accommodation of fourth respondent's attorney.

Orders

  • The application to condone the late filing of the application for review is dismissed.
  • The applicant is to pay the costs of these proceedings, such costs to include the travel and accommodation costs of the fourth respondent’s attorney reasonably incurred in relation to his attendance at court in Cape Town on 16 September 2015.