Marathon Earthmovers v Commisssion for Conciliation, Mediation and Arbitration and Others (J3077/98) [1999] ZALC 94 (11 June 1999)

Marathon Earthmovers v Commisssion for Conciliation, Mediation and Arbitration and Others (J3077/98) [1999] ZALC 94 (11 June 1999)

The applicant failed to establish proper grounds for rescission of the order making the arbitration award an order of court. The company was present when the order was made and unsuccessfully sought a postponement; there was no evidence of misdirection or error by the court. The grounds advanced for rescission, including ignorance of procedure and incorrect citation, were found to be without merit and did not demonstrate prejudice. Regarding the review, the applicant did not provide factual grounds in its affidavit to support a review of the arbitration award. Arguments raised in oral submissions were not foreshadowed in the papers and thus could not be considered. The Commissioner acted...

Citation
[1999] ZALC 94
Parties
Applicant: Marathon Earthmovers; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: The Commissioner; Respondent: James Teboho Nhlapo
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 June 1999
Case Number
J3077/98
Procedural Posture
Review Application / Judgment
Outcome
Both the rescission and review applications are dismissed with costs. The applicant is ordered to comply with the arbitration award within 14 days, failing which execution may proceed.
Judges
G J Marcus
Legal Topics
Review of Arbitration Award, Rescission of Court Order, Natural Justice, Default Judgment, Section 145 Lra, Section 165 Lra
Labour Law Civil Procedure Review of Arbitration Award Rescission of Court Order Natural Justice Default Judgment Section 145 Lra Section 165 Lra

Case Brief

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Parties

Marathon Earthmovers

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

The Commissioner

Respondent

James Teboho Nhlapo

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant has established proper grounds for rescission of the order making the arbitration award an order of court.
  2. 2 Whether the arbitration award should be reviewed and set aside under section 145 of the Labour Relations Act.
  3. 3 Whether the Commissioner committed misconduct by proceeding in the absence of the applicant.

Ratio Decidendi

The applicant failed to establish proper grounds for rescission of the order making the arbitration award an order of court. The company was present when the order was made and unsuccessfully sought a postponement; there was no evidence of misdirection or error by the court. The grounds advanced for rescission, including ignorance of procedure and incorrect citation, were found to be without merit and did not demonstrate prejudice. Regarding the review, the applicant did not provide factual grounds in its affidavit to support a review of the arbitration award. Arguments raised in oral submissions were not foreshadowed in the papers and thus could not be considered. The Commissioner acted...

Court Disposition

Both the rescission and review applications are dismissed with costs. The applicant is ordered to comply with the arbitration award within 14 days, failing which execution may proceed.

Orders

  • The application for rescission of the order made by Grogan AJ on 17 December 1998 is dismissed with costs.
  • The application to review the arbitration award is dismissed with costs.