National Union of Mine Workers and Another v Commission for Conciliation Mediation And Arbitration and Others (C372/06) [2007] ZALCCT 10 (28 November 2007)

National Union of Mine Workers and Another v Commission for Conciliation Mediation And Arbitration and Others (C372/06) [2007] ZALCCT 10 (28 November 2007)

The court found that the third respondent did not perempt its right to review by pursuing rescission, as it acted promptly and explored all available remedies upon learning of the default award. There was no unreasonable delay in bringing the review application, and the issue of condonation was not determinative for the present application. None of the other procedural objections raised by the applicants justified granting the application to make the award an order of court while the review was pending. Accordingly, the application was stayed pending the outcome of the review.

Citation
[2007] ZALCCT 10
Parties
Applicant: National Union of Mine Workers; Applicant: Jantjie Ditsietsi Ramaisa; Respondent: Commission for Conciliation, Mediation, and Arbitration; Respondent: Commissioner Shiraz Mahomed Osman N.O.; Respondent: Christiaan Frederick Potgieter t/a Sonop Delwery
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
28 November 2007
Case Number
C372/06
Procedural Posture
Stay Application / Application to Stay Enforcement of Arbitration Award Pending Review
Outcome
Application stayed pending determination of the review application.
Judges
D Potgieter
Legal Topics
Section 158 1 C Application, Arbitration Award Enforcement, Stay of Proceedings, Review Application, Condonation, Procedural Fairness
Labour Law Civil Procedure Section 158 1 C Application Arbitration Award Enforcement Stay of Proceedings Review Application Condonation Procedural Fairness

Case Brief

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Parties

National Union of Mine Workers

Applicant

Jantjie Ditsietsi Ramaisa

Applicant

Commission for Conciliation, Mediation, and Arbitration

Respondent

Commissioner Shiraz Mahomed Osman N.O.

Respondent

Christiaan Frederick Potgieter t/a Sonop Delwery

Respondent

Procedural Posture

Stay Application / Application to Stay Enforcement of Arbitration Award Pending Review

Legal Issues

  1. 1 Whether the application to make the arbitration award an order of court should be stayed pending the determination of the review application.
  2. 2 Whether the respondent perempted its right to review by pursuing rescission.
  3. 3 Whether there was unreasonable delay and failure to apply for condonation in bringing the review application.

Ratio Decidendi

The court found that the third respondent did not perempt its right to review by pursuing rescission, as it acted promptly and explored all available remedies upon learning of the default award. There was no unreasonable delay in bringing the review application, and the issue of condonation was not determinative for the present application. None of the other procedural objections raised by the applicants justified granting the application to make the award an order of court while the review was pending. Accordingly, the application was stayed pending the outcome of the review.

Court Disposition

Application stayed pending determination of the review application.

Orders

  • The application in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995 is stayed pending the determination of the review application instituted by Third Respondent under case number C262/06.
  • Costs stand over for later determination.