Mvelase v SOMTA Tools (Pty) Ltd (D217/98) [1998] ZALC 94 (29 October 1998)

Mvelase v SOMTA Tools (Pty) Ltd (D217/98) [1998] ZALC 94 (29 October 1998)

The court found that the applicant's papers were fatally defective as they failed to set out any facts or grounds for review, as required by the Rules of the Labour Court. Consequently, the application for review was dismissed. The applicant was ordered to pay the costs of the proceedings. However, the court granted condonation for the applicant to bring a new application for review, provided that the costs of the present proceedings were paid.

Citation
[1998] ZALC 94
Parties
Applicant: M Mvelase; Respondent: SOMTA Tools (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 October 1998
Case Number
D217/98
Procedural Posture
Review Application / Application for Review Under Section 145 of the Labour Relations Act
Outcome
Application for review dismissed. Applicant ordered to pay costs. Condonation granted for new application subject to payment of costs.
Judges
Basson
Legal Topics
Review of Arbitration Award, Condonation, Costs Order
Labour Law Review of Arbitration Award Condonation Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

M Mvelase

Applicant

SOMTA Tools (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Review Under Section 145 of the Labour Relations Act

Legal Issues

  1. 1 Whether the applicant's papers disclose a valid basis for review under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant complied with the Rules of the Labour Court regarding the setting out of facts in review applications.
  3. 3 Whether condonation should be granted for a new application for review.

Ratio Decidendi

The court found that the applicant's papers were fatally defective as they failed to set out any facts or grounds for review, as required by the Rules of the Labour Court. Consequently, the application for review was dismissed. The applicant was ordered to pay the costs of the proceedings. However, the court granted condonation for the applicant to bring a new application for review, provided that the costs of the present proceedings were paid.

Court Disposition

Application for review dismissed. Applicant ordered to pay costs. Condonation granted for new application subject to payment of costs.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the costs of today's proceedings.