Hotellica obo Groenewald v Good Logistics Solutions and Others (C440/2010) [2013] ZALCCT 56 (31 May 2013)

Hotellica obo Groenewald v Good Logistics Solutions and Others (C440/2010) [2013] ZALCCT 56 (31 May 2013)

The union failed to comply with Rule 7A and did not prosecute its review application for over three years, despite repeated court orders and clear instructions from the CCMA. The union's excuse of unfamiliarity with the rules is unacceptable for a representative body. The employer was forced to bring multiple applications to prompt compliance, incurring unnecessary costs. The court finds the union's conduct inexcusable and dismisses the review application with punitive costs on an attorney and client scale, including costs of counsel and previous related applications.

Citation
[2013] ZALCCT 56
Parties
Applicant: Hotellica obo Mercia Marlese Groenewald; Respondent: Good Logistics Solutions; Respondent: CCMA; Respondent: Commissioner Alviso Adams
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
31 May 2013
Case Number
C440/2010
Procedural Posture
Review Application / Application to Dismiss Review for Want of Prosecution
Outcome
Review application dismissed with costs on an attorney and client scale.
Judges
Steenkamp
Legal Topics
Review of Arbitration Award, Non Compliance With Court Rules, Punitive Costs, Trade Union Representation
Labour Law Civil Procedure Review of Arbitration Award Non Compliance With Court Rules Punitive Costs Trade Union Representation

Case Brief

Summary, issues, holding and outcome

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Parties

Hotellica obo Mercia Marlese Groenewald

Applicant

Good Logistics Solutions

Respondent

CCMA

Respondent

Commissioner Alviso Adams

Respondent

Procedural Posture

Review Application / Application to Dismiss Review for Want of Prosecution

Legal Issues

  1. 1 Whether the review application should be dismissed for failure to prosecute and non-compliance with Labour Court Rules.
  2. 2 Whether a punitive costs order is warranted against the applicant union for repeated non-compliance.

Ratio Decidendi

The union failed to comply with Rule 7A and did not prosecute its review application for over three years, despite repeated court orders and clear instructions from the CCMA. The union's excuse of unfamiliarity with the rules is unacceptable for a representative body. The employer was forced to bring multiple applications to prompt compliance, incurring unnecessary costs. The court finds the union's conduct inexcusable and dismisses the review application with punitive costs on an attorney and client scale, including costs of counsel and previous related applications.

Court Disposition

Review application dismissed with costs on an attorney and client scale.

Orders

  • The review application is dismissed with costs on an attorney and client scale, including the costs of counsel.
  • Costs to include the costs of the applications heard on 23 March 2011, 2 December 2011, and 31 May 2013.