Meyer v W.C Butler t/a Wack-Em (D338/98) [1999] ZALC 170 (2 December 1999)

Meyer v W.C Butler t/a Wack-Em (D338/98) [1999] ZALC 170 (2 December 1999)

The Labour Court found that the CCMA lacked jurisdiction to arbitrate the dispute as there was no express agreement between the parties to submit a dismissal for operational requirements to arbitration, as required by s141(1) of the LRA. The mere participation of the parties in the arbitration, even if legally represented, does not constitute such agreement. Consequently, the arbitration award was a nullity and should not have been made an order of court under s158(1)(c). The previous order was therefore erroneously granted and liable to rescission under s165. The court further held that, given the respondent's withdrawal of his meritless application to suspend attachment and the tender...

Citation
[1999] ZALC 170
Parties
Applicant: M. G. Meyer; Respondent: W. C. Butler t/a Wack-Em
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 December 1999
Case Number
D338/98
Procedural Posture
Review Application / Rescission of Order; Costs Determination
Outcome
The order making the arbitration award an order of court is rescinded and set aside. The agreement on costs between the parties is made an order of court.
Judges
Waglay
Legal Topics
Arbitration Award Enforcement, Jurisdiction of Ccma, Dismissal for Operational Requirements, Rescission of Court Order
Labour Law Civil Procedure Arbitration Award Enforcement Jurisdiction of Ccma Dismissal for Operational Requirements Rescission of Court Order

Case Brief

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Parties

M. G. Meyer

Applicant

W. C. Butler t/a Wack-Em

Respondent

Procedural Posture

Review Application / Rescission of Order; Costs Determination

Legal Issues

  1. 1 Whether the Labour Court was correct in making the arbitration award an order of court under s158(1)(c) of the LRA.
  2. 2 Whether the CCMA had jurisdiction to arbitrate a dismissal for operational requirements absent express agreement between the parties.
  3. 3 Whether the order making the award an order of court was erroneously granted and liable to rescission.

Ratio Decidendi

The Labour Court found that the CCMA lacked jurisdiction to arbitrate the dispute as there was no express agreement between the parties to submit a dismissal for operational requirements to arbitration, as required by s141(1) of the LRA. The mere participation of the parties in the arbitration, even if legally represented, does not constitute such agreement. Consequently, the arbitration award was a nullity and should not have been made an order of court under s158(1)(c). The previous order was therefore erroneously granted and liable to rescission under s165. The court further held that, given the respondent's withdrawal of his meritless application to suspend attachment and the tender...

Court Disposition

The order making the arbitration award an order of court is rescinded and set aside. The agreement on costs between the parties is made an order of court.

Orders

  • The order of this Court dated 16 April 1999, making the arbitration award under CCMA case number KN 1623 an order of this Court, is rescinded and set aside.
  • The agreement between the parties that the application is withdrawn with the respondent to pay the applicant's party and party costs up to 30 November 1999 is made an order of this Court.