Moela v Snackworks (JR211/19) [2021] ZALCJHB 364 (19 October 2021)
- Citation
- [2021] ZALCJHB 364
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- F. Coetzee
- Case number
- JR 211/19
More details
- Court
- Labour Court Johannesburg
- Panel
- F. Coetzee
- Case number
- JR 211/19
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant failed to deliver the record of the arbitration proceedings within the prescribed 60-day period. In terms of clause 11.2.3 of the Practice Manual, the application is deemed to have been withdrawn. The respondent was not yet obliged to respond to the notice of motion as the applicant had not delivered the required notice or record. Consequently, there is no review before the Court, and the application is deemed withdrawn.
Court disposition
The review application is deemed withdrawn.
Orders
- The review application is deemed to have been withdrawn in terms of clause 11.2.3 of the Practice Manual.
02
Material facts
Parties
Matoishi Joseph Moela
ApplicantSnackworks
Respondent03
Procedural history
Posture
Review Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether the review application should be deemed withdrawn due to non-compliance with the Practice Manual.
- 02
Whether the respondent was obliged to respond to the notice of motion before the applicant delivered the record.
Party arguments
- Applicant
- The applicant sought to review and set aside an arbitration award that found his dismissal to be fair. He argued that the respondent's notice to oppose was filed late and took issue with the procedural compliance of the respondent.
- Respondent
- The respondent filed a notice to oppose the review application and argued that, in terms of the rules, it was not yet obliged to respond to the notice of motion as the applicant had not delivered the record or the required notice in terms of Rule 7A(8).
05
Court’s reasoning
Legal principles
- 01
Rule 7A(9) Labour Court Rules
Rule 7A(9) of the Labour Court Rules requires any person wishing to oppose the granting of the order prayed in the notice of motion to deliver an answering affidavit within 10 days after receipt of the notice of amendment or notice that the applicant stands by its notice of motion.
- 02
Practice Manual, Labour Court
Clause 11.2.3 of the Practice Manual deems a review application withdrawn if the applicant fails to deliver the record within the prescribed period.
06
Ratio, limits and disposition
Ratio decidendi
The applicant failed to deliver the record of the arbitration proceedings within the prescribed 60-day period. In terms of clause 11.2.3 of the Practice Manual, the application is deemed to have been withdrawn. The respondent was not yet obliged to respond to the notice of motion as the applicant had not delivered the required notice or record. Consequently, there is no review before the Court, and the application is deemed withdrawn.
Obiter and limits
- The applicant's failure to comply with the Practice Manual timelines results in the automatic withdrawal of the application.
- The respondent's procedural obligations only arise after the applicant delivers the required notices and record.
Court disposition
The review application is deemed withdrawn.
- The review application is deemed to have been withdrawn in terms of clause 11.2.3 of the Practice Manual.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Not of interest to other judges
Case no: JR 211/19
In the matter between:
MATOISHI
JOSEPH MOELA Applicant
and
SNACKWORKS Respondent
Heard: 19 October 2021
Delivered: This judgment was handed down electronically by circulation to the parties’ representatives by email and release to SAFLII. The date and time for hand-down is deemed to be 10h00 on 19 October 2021.
Summary: Review
JUDGMENT
COETZEE AJ
[1] The applicant agreed to have the matter determined on paper and applied to the Court to review and set aside an arbitration award that held his dismissal to be fair.
[2] The application was served upon the respondent on 7 March 2019. The respondent on 6 May 2019 filed a notice to oppose the review.
[3] The applicant has to date not delivered the record of the arbitration proceedings and took issue with the notice to oppose because in the applicant's view it was filed late.
[4] Rule 7A(9) provides as follows:
"(9) Any person wishing to oppose the granting of the order prayed in the notice of motion must, within 10 days after receipt of the notice of amendment or notice that the applicant stands by its notice of motion, deliver an affidavit in answer to the allegations. made by the applicant."
[5] The applicant has not delivered the notice in terms of Rule 7A(8) that it stands by its notice of motion or amends it.
[6] The respondent is not obliged yet to respond to the notice of motion.
The Court's jurisdiction
[7] The applicant on 27 May 2019 recorded that the transcription was being prepared and the applicant thus had received the audio recording by then. The 60-day period within which the applicant had to deliver a transcription of the record has long passed.
[8] In terms of cause 11.2.3 of the Practice Manual the application is deemed to have been withdrawn. This being the case, there is no review before the Court.
Order
[9] I make the following order:
1. The review application is deemed to have been withdrawn in terms of clause 11.2.3 of the Practice Manual.
F. Coetzee
Acting Judge of the Labour Court of South Africa
Appearances
For the applicant:
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