Khuzwayo and Others v Commission for Conciliation Mediation And Arbitration and Others (D621/11) [2015] ZALCD 12 (4 February 2015)

Khuzwayo and Others v Commission for Conciliation Mediation And Arbitration and Others (D621/11) [2015] ZALCD 12 (4 February 2015)

The court found that the Applicants failed to provide a reasonable explanation for their absence at the arbitration proceedings, offering conflicting and mutually destructive versions under oath. Their own account indicated wilful default, as they knowingly arrived late to the hearing. Furthermore, the Applicants did not dispute the Respondents' evidence that they had resigned voluntarily to avoid disciplinary action, and their allegations of duress were not before the Second Respondent at the time of the rescission application. The Second Respondent's conclusion that the Applicants had remote prospects of success was reasonable. Accordingly, there was no basis to review and set aside the...

Citation
[2015] ZALCD 12
Parties
Applicant: Thembinkosi Khuzwayo; Applicant: Bhekokwakhe Maphumulo; Applicant: Julius E.T. Sibeko; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: Commissioner C Munks N.O.; Respondent: Sanitech (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
4 February 2015
Case Number
D621/11
Procedural Posture
Review Application / Application to Review and Set Aside CCMA Rescission Ruling
Outcome
Application to review and set aside the rescission ruling is dismissed.
Judges
Whitcher
Legal Topics
Rescission of Award, Wilful Default, Prospects of Success, Disciplinary Procedure, Review of Ccma Ruling
Labour Law Civil Procedure Rescission of Award Wilful Default Prospects of Success Disciplinary Procedure Review of Ccma Ruling

Case Brief

Summary, issues, holding and outcome

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Parties

Thembinkosi Khuzwayo

Applicant

Bhekokwakhe Maphumulo

Applicant

Julius E.T. Sibeko

Applicant

Commission for Conciliation Mediation & Arbitration

Respondent

Commissioner C Munks N.O.

Respondent

Sanitech (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside CCMA Rescission Ruling

Legal Issues

  1. 1 Whether the Second Respondent's rescission ruling should be reviewed and set aside.
  2. 2 Whether the Applicants provided a reasonable explanation for their absence at the arbitration proceedings.
  3. 3 Whether the Applicants had reasonable prospects of success in the main action.

Ratio Decidendi

The court found that the Applicants failed to provide a reasonable explanation for their absence at the arbitration proceedings, offering conflicting and mutually destructive versions under oath. Their own account indicated wilful default, as they knowingly arrived late to the hearing. Furthermore, the Applicants did not dispute the Respondents' evidence that they had resigned voluntarily to avoid disciplinary action, and their allegations of duress were not before the Second Respondent at the time of the rescission application. The Second Respondent's conclusion that the Applicants had remote prospects of success was reasonable. Accordingly, there was no basis to review and set aside the...

Court Disposition

Application to review and set aside the rescission ruling is dismissed.

Orders

  • The application to review and set aside the ruling by the Second Respondent is dismissed.
  • There is no order as to costs.