Ndlovu v Commission for Conciliation Mediation and Arbitration and Others (JR 1253/2007) [2008] ZALC 188 (21 October 2008)

Ndlovu v Commission for Conciliation Mediation and Arbitration and Others (JR 1253/2007) [2008] ZALC 188 (21 October 2008)

The court found that the applicant's review applications were inordinately late and unsupported by any satisfactory explanation for the delay. The applicant failed to demonstrate any prospects of success in setting aside the arbitration awards, as he did not provide grounds or details in his affidavits. The applications for joinder of the fourth and fifth respondents were dismissed as they had no substantial interest in the relief sought and were not parties to the relevant proceedings. The request to refer the dispute to trial was rejected as it reflected a misunderstanding of the Labour Court's review jurisdiction. The application to amend was dismissed in its entirety, and costs were...

Citation
[2008] ZALC 188
Parties
Applicant: Muzikayise Cecil Ndlovu; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Thembekile Nsibanyoni; Respondent: International Marketing Council of South Africa; Respondent: Government Communication and Information Systems; Respondent: General Public Service Sectoral Bargaining Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
21 October 2008
Case Number
JR 1253/2007
Procedural Posture
Review Application / Judgment on Application for Amendment and Condonation
Outcome
Application dismissed with costs awarded against the applicant in favour of the third and fourth respondents.
Judges
C.J. Musi
Legal Topics
Condonation, Joinder of Parties, Review of Arbitration Award, Unfair Dismissal, Unfair Labour Practice
Labour Law Civil Procedure Condonation Joinder of Parties Review of Arbitration Award Unfair Dismissal Unfair Labour Practice

Case Brief

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Parties

Muzikayise Cecil Ndlovu

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Thembekile Nsibanyoni

Respondent

International Marketing Council of South Africa

Respondent

Government Communication and Information Systems

Respondent

General Public Service Sectoral Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment on Application for Amendment and Condonation

Legal Issues

  1. 1 Whether the applicant's review applications are time-barred and condonation should be granted.
  2. 2 Whether the fourth and fifth respondents should be joined as parties to the proceedings.
  3. 3 Whether the applicant has prospects of success in setting aside the arbitration awards.

Ratio Decidendi

The court found that the applicant's review applications were inordinately late and unsupported by any satisfactory explanation for the delay. The applicant failed to demonstrate any prospects of success in setting aside the arbitration awards, as he did not provide grounds or details in his affidavits. The applications for joinder of the fourth and fifth respondents were dismissed as they had no substantial interest in the relief sought and were not parties to the relevant proceedings. The request to refer the dispute to trial was rejected as it reflected a misunderstanding of the Labour Court's review jurisdiction. The application to amend was dismissed in its entirety, and costs were...

Court Disposition

Application dismissed with costs awarded against the applicant in favour of the third and fourth respondents.

Orders

  • The application for amendment and condonation is dismissed.
  • The applicant is ordered to pay the costs of the third and fourth respondents.