General Industries Workers Union (GIWUSA) and Others Moulding Profiles (Pty) Ltd (JR2482/07) [2010] ZALCJHB 62 (20 August 2010)

General Industries Workers Union (GIWUSA) and Others Moulding Profiles (Pty) Ltd (JR2482/07) [2010] ZALCJHB 62 (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 provided no explanation for its inactivity and did not attend the hearing. The court concluded that the respondent's conduct amounted to an abuse of the review process and that the application was filed as a dilatory tactic without genuine intent to pursue the matter. Consequently, the review application was dismissed, and the arbitration award was made an order of court. Costs were awarded against the respondent on an attorney and own client scale.

Citation
[2010] ZALCJHB 62
Parties
Applicant: General Industries Workers Union (GIWUSA); Applicant: Bulelani Masangwuana; Respondent: Moulding Profiles (Pty) Ltd
Court
Labour Court Johannesburg
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
Review application dismissed; arbitration award made an order of court; costs awarded against respondent.
Judges
Lagrange
Legal Topics
Condonation for Late Filing, Abuse of Process, Review of Arbitration Award, Rule 7a Non Compliance
Labour Law Civil Procedure Condonation for Late Filing Abuse of Process Review of Arbitration Award Rule 7a Non Compliance

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 delay in prosecuting the review application warrants dismissal of the review.
  2. 2 Whether the arbitration award should be made an order of court.
  3. 3 Whether the respondent abused 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 provided no explanation for its inactivity and did not attend the hearing. The court concluded that the respondent's conduct amounted to an abuse of the review process and that the application was filed as a dilatory tactic without genuine intent to pursue the matter. Consequently, the review application was dismissed, and the arbitration award was made an order of court. Costs were awarded against the respondent on an attorney and own client scale.

Court Disposition

Review application dismissed; arbitration award made an order of court; costs awarded against respondent.

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.