Genaral Industries Workers Union (GIWUSA) and Another v Moulding Profiles (Pty) Ltd (JR 2482/07) [2010] ZALC 128 (20 August 2010)

Genaral Industries Workers Union (GIWUSA) and Another v Moulding Profiles (Pty) Ltd (JR 2482/07) [2010] ZALC 128 (20 August 2010)

The court found that the respondent failed to take any meaningful steps to prosecute its review application for over three years, did not file the required arbitration record, and ignored correspondence from the applicants. The respondent's denial of receipt of notices and correspondence was unsupported by any explanation or evidence. The court concluded that the respondent's conduct was dilatory and amounted to an abuse of the review mechanism. The respondent's absence at the hearing further demonstrated its lack of intention to pursue the matter. Accordingly, the review application was dismissed, the arbitration award was made an order of court, and costs were awarded against the...

Citation
[2010] ZALC 128
Parties
Applicant: General Industries Workers Union (GIWUSA); Applicant: Bulelani Masangwuana; Respondent: Moulding Profiles (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 August 2010
Case Number
JR 2482/07
Procedural Posture
Review Application / Application to Dismiss Review and Make Arbitration Award an Order of Court
Outcome
The respondent's review application is dismissed. The arbitration award is made an order of court. Costs are awarded against the respondent on an attorney and own client scale.
Judges
Lagrange
Legal Topics
Review of Arbitration Award, Condonation, Abuse of Process, Dismissal of Review Application
Labour Law Civil Procedure Review of Arbitration Award Condonation Abuse of Process Dismissal of Review Application

Case Brief

Summary, issues, holding and outcome

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Parties

General Industries Workers Union (GIWUSA)

Applicant

Bulelani Masangwuana

Applicant

Moulding Profiles (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application to Dismiss Review and Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the respondent's review application should be dismissed due to inordinate delay and lack of prosecution.
  2. 2 Whether the arbitration award should be made an order of court.
  3. 3 Whether the respondent's conduct amounts to an abuse of the review process.

Ratio Decidendi

The court found that the respondent failed to take any meaningful steps to prosecute its review application for over three years, did not file the required arbitration record, and ignored correspondence from the applicants. The respondent's denial of receipt of notices and correspondence was unsupported by any explanation or evidence. The court concluded that the respondent's conduct was dilatory and amounted to an abuse of the review mechanism. The respondent's absence at the hearing further demonstrated its lack of intention to pursue the matter. Accordingly, the review application was dismissed, the arbitration award was made an order of court, and costs were awarded against the...

Court Disposition

The respondent's review application is dismissed. The arbitration award is made an order of court. Costs are awarded against the respondent on an attorney and own client scale.

Orders

  • The respondent’s application to review and set aside the second respondent’s review award dated 3 August 2007 issued under CCMA case number GAJB 9714-07 is dismissed.
  • The said award is made an order of court.