Foko v Commission for Conciliation, Mediation and Arbitration and Others (JR2250/16) [2017] ZALCJHB 93 (17 March 2017)

Foko v Commission for Conciliation, Mediation and Arbitration and Others (JR2250/16) [2017] ZALCJHB 93 (17 March 2017)

The applicant failed to file a complete record of the arbitration proceedings and did not apply for condonation for the late filing of his review application. The incomplete record and absence of a condonation application mean the review is not properly before the court. However, given the applicant is a lay person and the matter is unopposed, the court grants an opportunity to rectify these defects by serving and filing the missing transcript, reconstructing the record if necessary, and filing a condonation application within specified timeframes.

Citation
[2017] ZALCJHB 93
Parties
Applicant: Foko Ben Paliso; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Shaam Friedman N.O; Respondent: E R Signs & Safety
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 March 2017
Case Number
JR2250/16
Procedural Posture
Review Application / Interlocutory Order
Outcome
Interlocutory order granting the applicant an opportunity to file the missing record and a condonation application within specified timeframes.
Judges
Lagrange
Legal Topics
Review of Arbitration Award, Condonation Application, Practice Manual Compliance, Incomplete Record
Labour Law Review of Arbitration Award Condonation Application Practice Manual Compliance Incomplete Record

Case Brief

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Parties

Foko Ben Paliso

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Shaam Friedman N.O

Respondent

E R Signs & Safety

Respondent

Procedural Posture

Review Application / Interlocutory Order

Legal Issues

  1. 1 Whether the applicant's review application is properly before the court given the incomplete record and late filing.
  2. 2 Whether the applicant complied with the Labour Court Practice Manual regarding filing the record.
  3. 3 Whether the applicant requires condonation for late filing of the review application.

Ratio Decidendi

The applicant failed to file a complete record of the arbitration proceedings and did not apply for condonation for the late filing of his review application. The incomplete record and absence of a condonation application mean the review is not properly before the court. However, given the applicant is a lay person and the matter is unopposed, the court grants an opportunity to rectify these defects by serving and filing the missing transcript, reconstructing the record if necessary, and filing a condonation application within specified timeframes.

Court Disposition

Interlocutory order granting the applicant an opportunity to file the missing record and a condonation application within specified timeframes.

Orders

  • The applicant must serve and file the remainder of the transcript for the arbitration proceedings of 8 April 2016 by 30 April 2017.
  • If no digital recording is available, the applicant must request the first respondent to convene a meeting to reconstruct the record before the end of May 2017 and file any reconstructed portion by 15 June 2017.