Mafora v Saint and Another (J3637/98) [2002] ZALC 134 (23 April 2002)

Mafora v Saint and Another (J3637/98) [2002] ZALC 134 (23 April 2002)

The court found that the arbitrator's award was based on the probabilities and documentation, which indicated that the applicant was employed on a temporary contract that expired on 28 October 1997. The applicant failed to demonstrate grounds for review, as her arguments resembled those of an appeal rather than a review. The court also found that no firm settlement agreement had been reached between the parties, as the correspondence did not establish a clear and binding compromise. The point in limine raised by the second respondent was dismissed, and the application for leave to file opposing affidavits was granted.

Citation
[2002] ZALC 134
Parties
Applicant: Sizeni Mafora; Respondent: Commissioner Feizal Saint; Respondent: Apron Services (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 April 2002
Case Number
J3637/98
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for leave to file opposing affidavits in the review application granted; point in limine dismissed; no order as to costs.
Judges
E Revelas
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Temporary Employment Contract, Compromise and Settlement
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Temporary Employment Contract Compromise and Settlement

Case Brief

Summary, issues, holding and outcome

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Parties

Sizeni Mafora

Applicant

Commissioner Feizal Saint

Respondent

Apron Services (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award dismissing the applicant's claim for unfair dismissal should be reviewed and set aside.
  2. 2 Whether a binding settlement agreement (compromise) was reached between the parties, rendering the matter res judicata.
  3. 3 Whether the applicant was employed on a permanent or temporary basis.

Ratio Decidendi

The court found that the arbitrator's award was based on the probabilities and documentation, which indicated that the applicant was employed on a temporary contract that expired on 28 October 1997. The applicant failed to demonstrate grounds for review, as her arguments resembled those of an appeal rather than a review. The court also found that no firm settlement agreement had been reached between the parties, as the correspondence did not establish a clear and binding compromise. The point in limine raised by the second respondent was dismissed, and the application for leave to file opposing affidavits was granted.

Court Disposition

Application for leave to file opposing affidavits in the review application granted; point in limine dismissed; no order as to costs.

Orders

  • The application for leave to file opposing affidavits in the review application is granted.
  • The point in limine is dismissed.