Els Transport v CCMA and Another (D1136/2000) [2001] ZALC 31; [2001] 6 BLLR 599 (LC); (2001) 22 ILJ 1390 (LC) (18 February 2001)

Els Transport v CCMA and Another (D1136/2000) [2001] ZALC 31; [2001] 6 BLLR 599 (LC); (2001) 22 ILJ 1390 (LC) (18 February 2001)

The court found that the rescission application was not heard by the commissioner who issued the award, as required by section 144(a) of the LRA. Rule 24.3 of the CCMA rules, which purports to allow another commissioner to hear the application, is ultra vires and inconsistent with the statute. However, the court declined to follow a strict interpretation that would lead to absurd results if the original commissioner is unavailable. The review application was brought within a reasonable time, and the evidence supported the employer's version regarding receipt of the ruling. The commissioner failed to apply his mind to material facts, including the discrepancy in the date of dismissal and...

Citation
[2001] ZALC 31
Parties
Applicant: Els Transport; Respondent: Ben du Plessis; Respondent: National Bargaining Council for the Road Freight Industry; Respondent: Commissioner A Ramdaw; Respondent: Commissioner Aubrey Ngcobo; Respondent: CCMA; Respondent: Eric Shezi; Respondent: Robert Shelembe
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
18 February 2001
Case Number
D1136/2000
Procedural Posture
Review Application / Judgment on Review of Arbitration Award and Rescission Ruling
Outcome
The ruling of commissioner N is reviewed and set aside. The arbitration award is rescinded. The dispute is referred to the CCMA for arbitration before another commissioner. No order as to costs.
Judges
Pillay
Legal Topics
Review of Arbitration Award, Rescission of Award, Condonation, Ultra Vires, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Rescission of Award Condonation Ultra Vires Procedural Fairness

Case Brief

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Parties

Els Transport

Applicant

Ben du Plessis

Respondent

National Bargaining Council for the Road Freight Industry

Respondent

Commissioner A Ramdaw

Respondent

Commissioner Aubrey Ngcobo

Respondent

CCMA

Respondent

Eric Shezi

Respondent

Robert Shelembe

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award and Rescission Ruling

Legal Issues

  1. 1 Whether the rescission application was heard by the correct commissioner as required by section 144 of the LRA.
  2. 2 Whether the review application was brought within the prescribed time limits or required condonation.
  3. 3 Whether the arbitration award exceeded the statutory compensation limit under section 194(2) of the LRA.

Ratio Decidendi

The court found that the rescission application was not heard by the commissioner who issued the award, as required by section 144(a) of the LRA. Rule 24.3 of the CCMA rules, which purports to allow another commissioner to hear the application, is ultra vires and inconsistent with the statute. However, the court declined to follow a strict interpretation that would lead to absurd results if the original commissioner is unavailable. The review application was brought within a reasonable time, and the evidence supported the employer's version regarding receipt of the ruling. The commissioner failed to apply his mind to material facts, including the discrepancy in the date of dismissal and...

Court Disposition

The ruling of commissioner N is reviewed and set aside. The arbitration award is rescinded. The dispute is referred to the CCMA for arbitration before another commissioner. No order as to costs.

Orders

  • The ruling of commissioner N is reviewed and set aside.
  • The award dated 31 January 2000 under case No KN37578 is rescinded.