Dayeni v Container Link (J814/01) [2001] ZALC 207 (14 November 2001)

Dayeni v Container Link (J814/01) [2001] ZALC 207 (14 November 2001)

The court held that since the respondent was not present at the arbitration hearing and the award was obtained in its absence, it would be prejudicial to make the award an order of court without affording the respondent an opportunity to apply for rescission. The only remedy available to the respondent is to approach the CCMA for rescission under section 144 of the Labour Relations Act. The court found no evidence of bad faith or abuse of process by the respondent and determined that the interests of justice require that the respondent be allowed to apply for rescission. The application to make the award an order of court is postponed sine die, with time limits imposed for the respondent...

Citation
[2001] ZALC 207
Parties
Applicant: Thosamile Dayeni; Respondent: Container Link
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 November 2001
Case Number
J814/01
Procedural Posture
Urgent Application / Application to Make CCMA Award an Order of Court; Respondent Seeks Rescission
Outcome
Application to make CCMA award an order of court postponed sine die; respondent to file rescission application within 7 days.
Judges
E Revelas
Legal Topics
Ccma Award Enforcement, Rescission of Award, Section 158 Application
Labour Law Ccma Award Enforcement Rescission of Award Section 158 Application

Case Brief

Summary, issues, holding and outcome

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Parties

Thosamile Dayeni

Applicant

Container Link

Respondent

Procedural Posture

Urgent Application / Application to Make CCMA Award an Order of Court; Respondent Seeks Rescission

Legal Issues

  1. 1 Whether the CCMA arbitration award obtained in the absence of the respondent can be made an order of court under section 158(1)(c).
  2. 2 Whether the respondent, who was absent from the arbitration, is entitled to apply for rescission before the award is made an order of court.

Ratio Decidendi

The court held that since the respondent was not present at the arbitration hearing and the award was obtained in its absence, it would be prejudicial to make the award an order of court without affording the respondent an opportunity to apply for rescission. The only remedy available to the respondent is to approach the CCMA for rescission under section 144 of the Labour Relations Act. The court found no evidence of bad faith or abuse of process by the respondent and determined that the interests of justice require that the respondent be allowed to apply for rescission. The application to make the award an order of court is postponed sine die, with time limits imposed for the respondent...

Court Disposition

Application to make CCMA award an order of court postponed sine die; respondent to file rescission application within 7 days.

Orders

  • The matter is postponed sine die.
  • The respondent is to file an application for rescission within 7 days with the CCMA and provide the applicant with proof thereof.