Kwinda v Commission for Conciliation, Mediation and Arbitration and Others (JR2203/16) [2020] ZALCJHB 79 (12 May 2020)

Kwinda v Commission for Conciliation, Mediation and Arbitration and Others (JR2203/16) [2020] ZALCJHB 79 (12 May 2020)

The applicant failed to establish a proper case for review in her founding affidavit, providing conflicting and unconvincing explanations for her absence at the arbitration. The review application was either out of time or, if considered as against the rescission application, within time but still lacking merit. The commissioner acted reasonably in dismissing the rescission application, and no gross irregularity was found in his conduct. The applicant's union and attorneys acted negligently and unprofessionally, pursuing a frivolous and vexatious application that wasted judicial resources. The court exercised its discretion to award costs against the applicant's attorneys de bonis...

Citation
[2020] ZALCJHB 79
Parties
Applicant: Sara Nthabiseng Kwinda; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner J.A. Pretorius N.O.; Respondent: OK Shoprite Furnitures
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 May 2020
Case Number
JR2203/16
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Application for review dismissed. Costs order against applicant's attorneys de bonis propriis.
Judges
A Ramdaw
Legal Topics
Review of Ccma Award, Condonation for Late Filing, Non Attendance at Arbitration, Attorney and Client Costs, Rescission Application
Labour Law Civil Procedure Review of Ccma Award Condonation for Late Filing Non Attendance at Arbitration Attorney and Client Costs Rescission Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Sara Nthabiseng Kwinda

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner J.A. Pretorius N.O.

Respondent

OK Shoprite Furnitures

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the applicant established a proper case for review of the CCMA dismissal ruling.
  2. 2 Whether the review application was timeously filed or required condonation.
  3. 3 Whether the commissioner acted as a reasonable decision-maker in dismissing the rescission application.

Ratio Decidendi

The applicant failed to establish a proper case for review in her founding affidavit, providing conflicting and unconvincing explanations for her absence at the arbitration. The review application was either out of time or, if considered as against the rescission application, within time but still lacking merit. The commissioner acted reasonably in dismissing the rescission application, and no gross irregularity was found in his conduct. The applicant's union and attorneys acted negligently and unprofessionally, pursuing a frivolous and vexatious application that wasted judicial resources. The court exercised its discretion to award costs against the applicant's attorneys de bonis...

Court Disposition

Application for review dismissed. Costs order against applicant's attorneys de bonis propriis.

Orders

  • The application for review is dismissed.
  • The six firms of attorneys who represented the applicant are directed to appear before the court to show cause why an order should not be made holding them jointly and severally liable for the third respondent's costs on an attorney and client scale de bonis propriis.