Mimmo's Franschising CC and Others v Spiro and Others (J1888/00) [2000] ZALC 41 (6 June 2000)

Mimmo's Franschising CC and Others v Spiro and Others (J1888/00) [2000] ZALC 41 (6 June 2000)

The court found that the applicants failed to establish urgency justifying the departure from ordinary procedures. There was an unexplained delay in bringing the application, and the applicants did not provide the necessary affidavits or documentary proof of ownership of the attached goods. The Labour Court does not have jurisdiction to rescind CCMA arbitration awards on the grounds advanced, as such powers are reserved for commissioners under section 144 of the Labour Relations Act. The applicants did not pursue available alternative remedies, such as interpleader proceedings, and failed to take the court into their confidence regarding all material facts. The execution of the bargaining...

Citation
[2000] ZALC 41
Parties
Applicant: Mimmo's Franchising CC; Applicant: Mimmo's Rosebank CC; Applicant: Mimmo's Randburg CC; Applicant: Mimmo's Westgate CC; Respondent: Harry David Spiro; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Phola, ME. NO
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
6 June 2000
Case Number
J1888/00
Procedural Posture
Urgent Application / Application for Urgent Interim Relief and Rescission of Arbitration Awards
Outcome
Application dismissed with costs on attorney and own client scale.
Judges
Molahlehi AJ
Legal Topics
Arbitration Award Rescission, Urgent Interim Relief, Execution of Judgments, Employer Identification, Alternative Remedy, Costs on Attorney and Own Client Scale
Labour Law Civil Procedure Arbitration Award Rescission Urgent Interim Relief Execution of Judgments Employer Identification Alternative Remedy Costs on Attorney and Own Client Scale

Case Brief

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Parties

Mimmo's Franchising CC

Applicant

Mimmo's Rosebank CC

Applicant

Mimmo's Randburg CC

Applicant

Mimmo's Westgate CC

Applicant

Harry David Spiro

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Phola, ME. NO

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief and Rescission of Arbitration Awards

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to rescind CCMA arbitration awards under section 144 of the Labour Relations Act.
  2. 2 Whether the applicants established urgency justifying departure from ordinary court procedures.
  3. 3 Whether the execution of the bargaining council award against the applicants was lawful and justified.

Ratio Decidendi

The court found that the applicants failed to establish urgency justifying the departure from ordinary procedures. There was an unexplained delay in bringing the application, and the applicants did not provide the necessary affidavits or documentary proof of ownership of the attached goods. The Labour Court does not have jurisdiction to rescind CCMA arbitration awards on the grounds advanced, as such powers are reserved for commissioners under section 144 of the Labour Relations Act. The applicants did not pursue available alternative remedies, such as interpleader proceedings, and failed to take the court into their confidence regarding all material facts. The execution of the bargaining...

Court Disposition

Application dismissed with costs on attorney and own client scale.

Orders

  • The application is dismissed.
  • Applicants are ordered to pay costs on attorney and own client scale.