FAWU obo Beukes v Cold Chain (Pty) Ltd and Others (JR1545/11) [2021] ZALCJHB 424 (5 November 2021)

FAWU obo Beukes v Cold Chain (Pty) Ltd and Others (JR1545/11) [2021] ZALCJHB 424 (5 November 2021)

The court found that the first respondent failed to comply with the directive to serve an explanation for non-appearance, resulting in the review application being archived due to inactivity exceeding two years. According to the Practice Manual and binding precedent, an archived review is treated as dismissed, and the Labour Court lacks jurisdiction to entertain a Rule 11 application for its dismissal. However, the applicant's request to make the arbitration award an order of court under section 158(1)(c) of the Labour Relations Act was granted, as this relief stands independently of the lapsed review and serves the objectives of the Act.

Citation
[2021] ZALCJHB 424
Parties
Applicant: FAWU obo Florence Beukes; Respondent: The Cold Chain (Pty) Ltd; Respondent: Commissioner P Mbatsana N.O; Respondent: Commission for Conciliation, Mediation and Arbitration (CCMA)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 November 2021
Case Number
JR1545/11
Procedural Posture
Review Application / Application for Dismissal of Review and Enforcement of Arbitration Award
Outcome
The review application has lapsed and the arbitration award is made an order of court.
Judges
M I Mangena
Legal Topics
Review Proceedings, Practice Manual Archiving, Enforcement of Arbitration Award, Rule 11 Applications, Section 158 Relief
Labour Law Civil Procedure Review Proceedings Practice Manual Archiving Enforcement of Arbitration Award Rule 11 Applications Section 158 Relief

Case Brief

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Parties

FAWU obo Florence Beukes

Applicant

The Cold Chain (Pty) Ltd

Respondent

Commissioner P Mbatsana N.O

Respondent

Commission for Conciliation, Mediation and Arbitration (CCMA)

Respondent

Procedural Posture

Review Application / Application for Dismissal of Review and Enforcement of Arbitration Award

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to dismiss a review application that has lapsed and been archived.
  2. 2 Whether the applicant is entitled to have the arbitration award made an order of court under section 158(1)(c) of the Labour Relations Act.

Ratio Decidendi

The court found that the first respondent failed to comply with the directive to serve an explanation for non-appearance, resulting in the review application being archived due to inactivity exceeding two years. According to the Practice Manual and binding precedent, an archived review is treated as dismissed, and the Labour Court lacks jurisdiction to entertain a Rule 11 application for its dismissal. However, the applicant's request to make the arbitration award an order of court under section 158(1)(c) of the Labour Relations Act was granted, as this relief stands independently of the lapsed review and serves the objectives of the Act.

Court Disposition

The review application has lapsed and the arbitration award is made an order of court.

Orders

  • The review application has lapsed.
  • The arbitration award dated 24 May 2011 issued by Commissioner Mbatsana under case number GAJB 595-11 is made an order of court in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995.