Life Hotel Airport JHB (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR3041/12) [2017] ZALCJHB 94 (16 March 2017)
The court found that the withdrawal of the application for leave to appeal effectively ended the challenge to the arbitration award, regardless of the motive behind the withdrawal. Furthermore, the applicant failed to demonstrate reasonable prospects that another court would reach a materially different conclusion....
Source-derived case information.
- Citation
- [2017] ZALCJHB 94
- Parties
- Applicant: Life Hotel Airport JHB (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Quenndy Gungubele N.O.; Respondent: Elizabeth Moiloa
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR3041/12
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Refusal of Review and Condonation Applications
- Outcome
- Application for leave to appeal dismissed with costs awarded against the applicant.
- Judges
- Cele
- Legal Topics
- Constructive Dismissal, Review of Arbitration Award, Condonation, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Life Hotel Airport JHB (Pty) Ltd
Applicant
Commission for Conciliation, Mediation and Arbitration
Respondent
Commissioner Quenndy Gungubele N.O.
Respondent
Elizabeth Moiloa
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Refusal of Review and Condonation Applications
Legal Issues
- 1 Whether leave to appeal should be granted against the refusal to review the arbitration award.
- 2 Whether there are reasonable prospects that another court would reach a materially different conclusion.
- 3 Whether the withdrawal of the application for leave to appeal ended the attack on the arbitration award.
Ratio Decidendi
The court found that the withdrawal of the application for leave to appeal effectively ended the challenge to the arbitration award, regardless of the motive behind the withdrawal. Furthermore, the applicant failed to demonstrate reasonable prospects that another court would reach a materially different conclusion. As a result, the application for leave to appeal was dismissed and costs were awarded against the applicant.
Court Disposition
Application for leave to appeal dismissed with costs awarded against the applicant.
Orders
- The application for leave to appeal is dismissed.
- The applicant is ordered to pay the costs.
Full Case Text
Judgment text and source record
30 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
Case no: JR 3041/12
In the matter between:
LIFE HOTEL AIRPORT JHB (PTY) LTD
Applicant
and
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION
First Respondent
COMMISSIONER QUENNDY GUNGUBELE N.O.
Second Respondent
ELIZABETH MOILOA
Third Respondent
Heard: 27 July 2016
Delivered: 16 March 2017 (in chambers)
JUDGMENT ON APPLICATION FOR LEAVE TO APPEAL
CELE J
Introduction
[1] On 25 November 2015 parties in this matter made their presentation in the review application pertaining to an arbitration award dated 27 October 2012, condonation for the late filing of the answering affidavit to oppose the review application was sought.
[2] In and ex-tempore judgment I refused to grant both applications that is, the review and the condonation applications. The award had to stand.
[3] On 9 December 2015, an application for leave to appeal was filed against an order refusing to review the award. On 7 July 2016 the respondent in the review application withdrew its application for leave to appeal. On 23 February 2017, the respondent filed a notice of motion to review the application for leave to appeal.
[4] Constructive dismissal at issue in this matter took place on 15 September 2012. In my view the attack on the award came to an end when the application for leave to appeal was withdrawn, whatever the motive was behind it. In any event I am not of the view that it has been demonstrated that there are reasonable prospects of another Court arriving at a conclusion materially different to the one reached by this Court.
[5] Accordingly;
(a) Application for leave to appeal is dismissed.
(b) The applicant (respondent in the review application) is to pay costs.
____________
Cele, J
Judge of the Labour Court of South Africa