Henred Fraunhauf (Pty) Ltd and Another v Marcus N.O and Others (JA41/14) [2015] ZALAC 53; [2016] 4 BLLR 401 (LAC) (8 December 2015)

Henred Fraunhauf (Pty) Ltd and Another v Marcus N.O and Others (JA41/14) [2015] ZALAC 53; [2016] 4 BLLR 401 (LAC) (8 December 2015)

The Labour Appeal Court held that the absence of a transcript of the arbitration proceedings rendered it impossible to resolve the factual disputes and assess the grounds of review advanced by the appellants. The appellants were repeatedly warned about the incomplete record and failed to take steps to reconstruct it. Furthermore, the demarcation award issued by the commissioner was provisional, as it allowed for further evidence to be submitted before a final determination. This rendered the dispute moot, as any order would have no practical effect. The appeal was therefore dismissed with costs, as the requirements of law and fairness dictated that the appellants bear the costs for...

Citation
[2015] ZALAC 53
Parties
Appellant: Henred Fraunhauf (Pty) Ltd; Appellant: House of Trucks (Pty) Ltd; Respondent: Marcus M H N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: National Union of Metalworkers of South Africa; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Motor Industry Bargaining Council
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
8 December 2015
Case Number
JA41/14
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with costs.
Judges
Tlaletsi, Sutherland, Mngqibisa-Thusi
Legal Topics
Demarcation Award, Review of Arbitration, Incomplete Record, Mootness, Costs Award
Labour Law Civil Procedure Demarcation Award Review of Arbitration Incomplete Record Mootness Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Henred Fraunhauf (Pty) Ltd

Appellant

House of Trucks (Pty) Ltd

Appellant

Marcus M H N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

National Union of Metalworkers of South Africa

Respondent

Metal and Engineering Industries Bargaining Council

Respondent

Motor Industry Bargaining Council

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the appeal can be determined in the absence of a complete record of the arbitration proceedings.
  2. 2 Whether the demarcation award issued by the commissioner is final or provisional, rendering the dispute moot.
  3. 3 Whether the Labour Court erred in dismissing the review application without a complete record.

Ratio Decidendi

The Labour Appeal Court held that the absence of a transcript of the arbitration proceedings rendered it impossible to resolve the factual disputes and assess the grounds of review advanced by the appellants. The appellants were repeatedly warned about the incomplete record and failed to take steps to reconstruct it. Furthermore, the demarcation award issued by the commissioner was provisional, as it allowed for further evidence to be submitted before a final determination. This rendered the dispute moot, as any order would have no practical effect. The appeal was therefore dismissed with costs, as the requirements of law and fairness dictated that the appellants bear the costs for...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.