Computer Storage Services Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA7/2016) [2017] ZALAC 74 (30 November 2017)

Computer Storage Services Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA7/2016) [2017] ZALAC 74 (30 November 2017)

The Labour Appeal Court held that the Labour Court correctly refused condonation for the late filing of the review application of the rescission ruling. The appellant failed to provide an adequate explanation for the delay, as no confirmatory affidavit from its CEO was submitted to substantiate the claim that the notice of set down was not received. The appellant’s assertion of good prospects of success was unsupported, as the evidence indicated that an employment relationship existed between Ms Bowie and the appellant, contrary to the appellant’s claim. The Labour Court also correctly found it lacked jurisdiction to entertain the review of the default arbitration award, as no condonation...

Citation
[2017] ZALAC 74
Parties
Appellant: Computer Storage Services Africa (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: John M Siavhe; Respondent: Mohau Ntaopane; Respondent: Verona Bowie
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
30 November 2017
Case Number
CA7/2016
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Refusing Condonation for Late Review Application
Outcome
Appeal dismissed with costs.
Judges
Musi JA, Coppin JA, Savage AJA
Legal Topics
Condonation, Unfair Suspension, Default Arbitration Award, Employment Relationship, Rescission of Award
Labour Law Civil Procedure Condonation Unfair Suspension Default Arbitration Award Employment Relationship Rescission of Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Computer Storage Services Africa (Pty) Ltd

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

John M Siavhe

Respondent

Mohau Ntaopane

Respondent

Verona Bowie

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Refusing Condonation for Late Review Application

Legal Issues

  1. 1 Whether the Labour Court erred in refusing condonation for the late filing of the review application of the rescission ruling.
  2. 2 Whether the Labour Court had jurisdiction to entertain the review of the default arbitration award in the absence of a condonation application for the late filing.
  3. 3 Whether the appellant established prospects of success in the review application.

Ratio Decidendi

The Labour Appeal Court held that the Labour Court correctly refused condonation for the late filing of the review application of the rescission ruling. The appellant failed to provide an adequate explanation for the delay, as no confirmatory affidavit from its CEO was submitted to substantiate the claim that the notice of set down was not received. The appellant’s assertion of good prospects of success was unsupported, as the evidence indicated that an employment relationship existed between Ms Bowie and the appellant, contrary to the appellant’s claim. The Labour Court also correctly found it lacked jurisdiction to entertain the review of the default arbitration award, as no condonation...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.