Comtech (Pty) Ltd v Molony N.O and Others (DA 12/05) [2007] ZALAC 35 (21 December 2007)

Comtech (Pty) Ltd v Molony N.O and Others (DA 12/05) [2007] ZALAC 35 (21 December 2007)

The Labour Appeal Court held that the appellant's founding affidavit failed to set out any factual basis for the grounds of review as required by Rule 7A(2)(c) of the Labour Court Rules. The allegations that the commissioner failed to apply his mind to the evidence and law were unsubstantiated and amounted to mere conclusions of law without supporting facts. The Court found that the procedural complaint regarding late written argument was not properly pursued and, in any event, did not constitute a reviewable irregularity, as the appellant had not sought agreement to reply after filing its own submissions. The absence of factual motivation for the grounds of review was fatal to the...

Citation
[2007] ZALAC 35
Parties
Appellant: Comtech (Pty) Ltd; Respondent: Commissioner Shaun Molony N.O; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Hodoul, JD
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 December 2007
Case Number
DA 12/05
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with costs.
Judges
Zondo JP, Jappie JA, Patel JA
Legal Topics
Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Rule 7a Compliance, Jurisdiction of Arbitrator
Labour Law Civil Procedure Review of Arbitration Award Procedural Fairness Substantive Fairness Rule 7a Compliance Jurisdiction of Arbitrator

Case Brief

Summary, issues, holding and outcome

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Parties

Comtech (Pty) Ltd

Appellant

Commissioner Shaun Molony N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Hodoul, JD

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the founding affidavit in the review application set out sufficient factual grounds as required by Rule 7A(2)(c) of the Labour Court Rules.
  2. 2 Whether the commissioner committed a reviewable irregularity by accepting late written argument from the third respondent without affording the appellant an opportunity to reply.
  3. 3 Whether the arbitration award was reviewable on the basis that the commissioner failed to apply his mind to the evidence and relevant law.

Ratio Decidendi

The Labour Appeal Court held that the appellant's founding affidavit failed to set out any factual basis for the grounds of review as required by Rule 7A(2)(c) of the Labour Court Rules. The allegations that the commissioner failed to apply his mind to the evidence and law were unsubstantiated and amounted to mere conclusions of law without supporting facts. The Court found that the procedural complaint regarding late written argument was not properly pursued and, in any event, did not constitute a reviewable irregularity, as the appellant had not sought agreement to reply after filing its own submissions. The absence of factual motivation for the grounds of review was fatal to the...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.