Driefontein Consolidated (Pty) Ltd v CCMA (JR138/01) [2001] ZALCJHB 12 (16 October 2001)

Driefontein Consolidated (Pty) Ltd v CCMA (JR138/01) [2001] ZALCJHB 12 (16 October 2001)

The court found that the commissioner committed a gross irregularity by accepting that service was proper merely because the document was sent, despite evidence that the notice did not reach the gold mine. The purpose of service is to ensure the party is aware of the proceedings. Failure to comply with this requirement violates the audi alteram partem rule. Consequently, the award should have been rescinded. The court reviewed and set aside the ruling and award, referring the matter back to the CCMA for arbitration de novo before a different commissioner.

Citation
[2001] ZALCJHB 12
Parties
Applicant: Driefontein Consolidated (Pty) Limited; Respondent: CCMA
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 October 2001
Case Number
JR138/01
Procedural Posture
Review Application / Application to Review and Set Aside CCMA Ruling
Outcome
Application to review and set aside the CCMA ruling granted; award rescinded; matter referred back for arbitration de novo.
Judges
A A Landman
Legal Topics
Rescission of Award, Proper Service, Audi Alteram Partem
Labour Law Civil Procedure Rescission of Award Proper Service Audi Alteram Partem

Case Brief

Summary, issues, holding and outcome

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Parties

Driefontein Consolidated (Pty) Limited

Applicant

CCMA

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside CCMA Ruling

Legal Issues

  1. 1 Whether the CCMA commissioner committed a gross irregularity by accepting service where the notice did not come to the attention of the gold mine.
  2. 2 Whether the failure of proper service violated the audi alteram partem rule.
  3. 3 Whether the award should be rescinded and the matter referred for arbitration de novo.

Ratio Decidendi

The court found that the commissioner committed a gross irregularity by accepting that service was proper merely because the document was sent, despite evidence that the notice did not reach the gold mine. The purpose of service is to ensure the party is aware of the proceedings. Failure to comply with this requirement violates the audi alteram partem rule. Consequently, the award should have been rescinded. The court reviewed and set aside the ruling and award, referring the matter back to the CCMA for arbitration de novo before a different commissioner.

Court Disposition

Application to review and set aside the CCMA ruling granted; award rescinded; matter referred back for arbitration de novo.

Orders

  • The ruling and award of the CCMA are reviewed and set aside.
  • The matter is referred back to the CCMA for arbitration de novo before a commissioner other than the second respondent.