Ellies Electronics (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA74/2018) [2020] ZALAC 33 (24 June 2020)

Ellies Electronics (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA74/2018) [2020] ZALAC 33 (24 June 2020)

The Labour Court erred in finding that reinstatement of withdrawn proceedings is not possible. The Labour Court does possess the inherent power to reinstate withdrawn matters, including review applications, where justice so requires. However, the appellant failed to provide any explanation for the delay in seeking reinstatement, did not clarify its instructions to attorneys, and did not act promptly despite knowing it was bound by the arbitration award following the transfer of the business. The appellant's conduct was opportunistic and prejudicial, seeking to avoid the consequences of the award until enforcement was sought by the employee. The reasons advanced for reinstatement were...

Citation
[2020] ZALAC 33
Parties
Appellant: Ellies Electronics (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner B Khumalo N.O.; Respondent: G Memmo; Respondent: Megatron SA (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
24 June 2020
Case Number
JA74/2018
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Refusing Reinstatement and Joinder in Review Application
Outcome
Appeal dismissed with costs.
Judges
Phatshoane, Davis, Savage
Legal Topics
Review of Arbitration Award, Joinder of Parties, Withdrawal and Reinstatement of Proceedings, Business Transfer and Section 197, Constructive Dismissal
Labour Law Civil Procedure Review of Arbitration Award Joinder of Parties Withdrawal and Reinstatement of Proceedings Business Transfer and Section 197 Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ellies Electronics (Pty) Ltd

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner B Khumalo N.O.

Respondent

G Memmo

Respondent

Megatron SA (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Refusing Reinstatement and Joinder in Review Application

Legal Issues

  1. 1 Whether the Labour Court has the power to reinstate withdrawn review proceedings.
  2. 2 Whether the appellant should be joined as co-applicant to the withdrawn review application.
  3. 3 Whether the delay in seeking reinstatement was reasonable and justified.

Ratio Decidendi

The Labour Court erred in finding that reinstatement of withdrawn proceedings is not possible. The Labour Court does possess the inherent power to reinstate withdrawn matters, including review applications, where justice so requires. However, the appellant failed to provide any explanation for the delay in seeking reinstatement, did not clarify its instructions to attorneys, and did not act promptly despite knowing it was bound by the arbitration award following the transfer of the business. The appellant's conduct was opportunistic and prejudicial, seeking to avoid the consequences of the award until enforcement was sought by the employee. The reasons advanced for reinstatement were...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.