G4S Security Services (Pty) Ltd v SATAWU and Others (J 2258/13, JR 3359/10) [2013] ZALCJHB 310 (18 November 2013)

G4S Security Services (Pty) Ltd v SATAWU and Others (J 2258/13, JR 3359/10) [2013] ZALCJHB 310 (18 November 2013)

The court found that the applicant was not in willful default, as it did not receive the necessary notices and documents required to oppose the review application. The delay in filing the rescission application was adequately explained and not substantial. The applicant demonstrated a bona fide defence, as the reviewing court's decision to set aside the arbitration award was based on legal principles that have since been clarified and found to be incorrect by higher courts. The Supreme Court of Appeal and Labour Appeal Court have established that only a result that no reasonable arbitrator could reach is reviewable, and errors of fact alone do not justify setting aside an award....

Citation
[2013] ZALCJHB 310
Parties
Applicant: G4S Security Services (Pty) Ltd; Respondent: SATAWU obo JM Tseki; Respondent: National Bargaining Council for the Road Freight Industry; Respondent: Trevow Wilkes NO
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 November 2013
Case Number
J 2258/13, JR 3359/10
Procedural Posture
Stay Application / Application for Rescission and Stay of Arbitration Proceedings
Outcome
The application for rescission succeeds; the order of 5 December 2012 is rescinded and the arbitration proceedings are stayed.
Judges
Van Niekerk
Legal Topics
Rescission of Judgment, Stay of Arbitration, Unfair Dismissal, Condonation of Late Filing
Labour Law Civil Procedure Rescission of Judgment Stay of Arbitration Unfair Dismissal Condonation of Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

G4S Security Services (Pty) Ltd

Applicant

SATAWU obo JM Tseki

Respondent

National Bargaining Council for the Road Freight Industry

Respondent

Trevow Wilkes NO

Respondent

Procedural Posture

Stay Application / Application for Rescission and Stay of Arbitration Proceedings

Legal Issues

  1. 1 Whether the applicant was in willful default when the order of 5 December 2012 was granted.
  2. 2 Whether the applicant has established a bona fide defence to the review application.
  3. 3 Whether the order of 5 December 2012 should be rescinded.

Ratio Decidendi

The court found that the applicant was not in willful default, as it did not receive the necessary notices and documents required to oppose the review application. The delay in filing the rescission application was adequately explained and not substantial. The applicant demonstrated a bona fide defence, as the reviewing court's decision to set aside the arbitration award was based on legal principles that have since been clarified and found to be incorrect by higher courts. The Supreme Court of Appeal and Labour Appeal Court have established that only a result that no reasonable arbitrator could reach is reviewable, and errors of fact alone do not justify setting aside an award....

Court Disposition

The application for rescission succeeds; the order of 5 December 2012 is rescinded and the arbitration proceedings are stayed.

Orders

  • In case number JR 3359/10, the order granted by this court on 5 December 2012 is rescinded.
  • In case number J 2258/13, the arbitration proceedings under case number GPRFBC 25335-13 are stayed.