Francis Baard District Municipality v Rex NO and Others (JR1000/11) [2014] ZALCJHB 361 (18 September 2014)

Francis Baard District Municipality v Rex NO and Others (JR1000/11) [2014] ZALCJHB 361 (18 September 2014)

The court found that the missing portions of the arbitration record were material and that it was impossible to properly assess the reasonableness of the arbitrator's award without a complete transcript. The municipality failed to take all reasonable steps to reconstruct the missing evidence, having delivered the incomplete record and notice in terms of Rule 7A(8) before attempting reconstruction or engaging meaningfully with the other parties or the arbitrator. The court held that, given the protracted nature of the litigation and the municipality's inadequate explanation, postponement would serve no purpose. Accordingly, the review application was dismissed without consideration of the...

Citation
[2014] ZALCJHB 361
Parties
Applicant: Francis Baard District Municipality; First Respondent: Rex, N.O.; Second Respondent: South African Local Government Bargaining Council; Third Respondent: SAMWU obo Nonyameko Shushu
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 September 2014
Case Number
JR1000/11
Procedural Posture
Review Application / Judgment on Review Application Under Section 145 of the LRA
Outcome
Application for review dismissed due to incomplete record; costs awarded against the applicant.
Judges
Morgan
Legal Topics
Review of Arbitration Award, Incomplete Record, Reasonableness Standard, Reinstatement, Costs Award
Labour Law Civil Procedure Review of Arbitration Award Incomplete Record Reasonableness Standard Reinstatement Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Francis Baard District Municipality

Applicant

Rex, N.O.

First Respondent

South African Local Government Bargaining Council

Second Respondent

SAMWU obo Nonyameko Shushu

Third Respondent

Procedural Posture

Review Application / Judgment on Review Application Under Section 145 of the LRA

Legal Issues

  1. 1 Whether the incomplete record of arbitration proceedings is material to the review application.
  2. 2 Whether the applicant took all reasonable steps to reconstruct the missing portions of the record.
  3. 3 Whether the review application should be dismissed or postponed due to the incomplete record.

Ratio Decidendi

The court found that the missing portions of the arbitration record were material and that it was impossible to properly assess the reasonableness of the arbitrator's award without a complete transcript. The municipality failed to take all reasonable steps to reconstruct the missing evidence, having delivered the incomplete record and notice in terms of Rule 7A(8) before attempting reconstruction or engaging meaningfully with the other parties or the arbitrator. The court held that, given the protracted nature of the litigation and the municipality's inadequate explanation, postponement would serve no purpose. Accordingly, the review application was dismissed without consideration of the...

Court Disposition

Application for review dismissed due to incomplete record; costs awarded against the applicant.

Orders

  • The Third Respondent’s preliminary point is upheld.
  • The application for review is dismissed.