EH Walton Packaging (Pty) Ltd v Clark (P413/14) [2014] ZALCPE 39 (11 November 2014)

EH Walton Packaging (Pty) Ltd v Clark (P413/14) [2014] ZALCPE 39 (11 November 2014)

The court rescinded the urgent order granted earlier the same day because the application had not been served on the respondent, and no proof of service was provided. Section 165(a) of the Labour Relations Act authorizes the Labour Court to rescind, of its own accord, any order erroneously sought and granted in the absence of a party affected by the order. The lack of service constituted an irregularity, and the court was unaware of this fact when granting the order. Upon realizing the omission, the court acted to correct the error expeditiously, as required by the relevant statutory and case law provisions.

Citation
[2014] ZALCPE 39
Parties
Applicant: EH Walton Packaging (Pty) Ltd; Respondent: Alan Michael Clark
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
11 November 2014
Case Number
P413/14
Procedural Posture
Urgent Application / Rescission of Order
Outcome
The urgent order granted earlier on 11 November 2014 was rescinded by the court on its own accord.
Judges
Lallie
Legal Topics
Rescission of Order, Service of Process, Urgent Interdict
Labour Law Rescission of Order Service of Process Urgent Interdict

Case Brief

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Parties

EH Walton Packaging (Pty) Ltd

Applicant

Alan Michael Clark

Respondent

Procedural Posture

Urgent Application / Rescission of Order

Legal Issues

  1. 1 Whether the Labour Court may rescind an order granted in the absence of the respondent when the application was not served.
  2. 2 Whether section 165(a) of the Labour Relations Act empowers the court to act of its own accord in such circumstances.

Ratio Decidendi

The court rescinded the urgent order granted earlier the same day because the application had not been served on the respondent, and no proof of service was provided. Section 165(a) of the Labour Relations Act authorizes the Labour Court to rescind, of its own accord, any order erroneously sought and granted in the absence of a party affected by the order. The lack of service constituted an irregularity, and the court was unaware of this fact when granting the order. Upon realizing the omission, the court acted to correct the error expeditiously, as required by the relevant statutory and case law provisions.

Court Disposition

The urgent order granted earlier on 11 November 2014 was rescinded by the court on its own accord.

Orders

  • The order granted on 11 November 2014 is rescinded.
  • No order as to costs.