Department of Social Development: Gauteng v Matsha (J1327/2011) [2014] ZALCJHB 387 (14 October 2014)

Department of Social Development: Gauteng v Matsha (J1327/2011) [2014] ZALCJHB 387 (14 October 2014)

The court finds that the status of the rescission application before the Bargaining Council is central to determining whether the Labour Court order should be rescinded. Without clarity on whether the award has been rescinded or the rescission application dismissed, the court cannot decide the rescission application or condonation. The matter is postponed sine die, and the applicant is directed to file a supplementary affidavit clarifying the status of the rescission application. The respondent may answer, and costs are reserved.

Citation
[2014] ZALCJHB 387
Parties
Applicant: Department of Social Development: Gauteng; Respondent: Selaelo Kenneth Edward Matsha
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 October 2014
Case Number
J1327/2011
Procedural Posture
Rescission Application / Post Order; Application for Rescission and Condonation
Outcome
Application for rescission postponed sine die pending clarification of the status of the rescission application before the Bargaining Council.
Judges
Leppan
Legal Topics
Rescission of Judgment, Condonation, Unfair Labour Practice, Default Award, Section 158 1 C Application
Labour Law Civil Procedure Rescission of Judgment Condonation Unfair Labour Practice Default Award Section 158 1 C Application

Case Brief

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Parties

Department of Social Development: Gauteng

Applicant

Selaelo Kenneth Edward Matsha

Respondent

Procedural Posture

Rescission Application / Post Order; Application for Rescission and Condonation

Legal Issues

  1. 1 Whether the Labour Court order making the arbitration award an order of court should be rescinded.
  2. 2 Whether condonation should be granted for the late filing of the rescission application.
  3. 3 Whether the applicant was misled by the respondent's attorneys regarding the status of the section 158(1)(c) application.

Ratio Decidendi

The court finds that the status of the rescission application before the Bargaining Council is central to determining whether the Labour Court order should be rescinded. Without clarity on whether the award has been rescinded or the rescission application dismissed, the court cannot decide the rescission application or condonation. The matter is postponed sine die, and the applicant is directed to file a supplementary affidavit clarifying the status of the rescission application. The respondent may answer, and costs are reserved.

Court Disposition

Application for rescission postponed sine die pending clarification of the status of the rescission application before the Bargaining Council.

Orders

  • The Labour Court rescission application is postponed sine die.
  • The applicant is to file a supplementary affidavit within fifteen (15) days of delivery of this judgment explaining the status of the rescission application.