Ngobeni v Redding SC (NO) and Another (JR398/07) [2008] ZALCJHB 48 (27 June 2008)

Ngobeni v Redding SC (NO) and Another (JR398/07) [2008] ZALCJHB 48 (27 June 2008)

The court found that the applicant failed to provide an acceptable explanation for the delay in filing the review application, with material periods unexplained and no confirmatory affidavits from counsel. Even considering prospects of success, the applicant did not allege or prove misconduct, excess of powers, or gross irregularity by the arbitrator as required by the Arbitration Act. The arbitration agreement did not expressly or tacitly include a claim under the Protected Disclosures Act, and the applicant's attempt to enlarge the issues after the hearing commenced was not supported by any agreement between the parties. The arbitrator's ruling was not reviewable on the grounds...

Citation
[2008] ZALCJHB 48
Parties
Applicant: Dr Enock Ngobeni; Respondent: A.I.S. Redding S.C. (N.O.); Respondent: MSD (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 June 2008
Case Number
JR398/07
Procedural Posture
Review Application / Application for Condonation and Review of Private Arbitration Award
Judges
Cele AJ
Legal Topics
Protected Disclosures Act, Arbitration Review, Condonation, Automatically Unfair Dismissal, Solatium, Interpretation of Arbitration Agreement
Labour Law Civil Procedure Protected Disclosures Act Arbitration Review Condonation Automatically Unfair Dismissal Solatium Interpretation of Arbitration Agreement

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Parties

Dr Enock Ngobeni

Applicant

A.I.S. Redding S.C. (N.O.)

Respondent

MSD (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Condonation and Review of Private Arbitration Award

Legal Issues

  1. 1 Whether the delay in filing the review application should be condoned.
  2. 2 Whether the arbitrator's ruling excluding the Protected Disclosures Act claim was reviewable.
  3. 3 Whether the arbitration agreement permitted the applicant to raise an automatically unfair dismissal claim based on the Protected Disclosures Act.

Ratio Decidendi

The court found that the applicant failed to provide an acceptable explanation for the delay in filing the review application, with material periods unexplained and no confirmatory affidavits from counsel. Even considering prospects of success, the applicant did not allege or prove misconduct, excess of powers, or gross irregularity by the arbitrator as required by the Arbitration Act. The arbitration agreement did not expressly or tacitly include a claim under the Protected Disclosures Act, and the applicant's attempt to enlarge the issues after the hearing commenced was not supported by any agreement between the parties. The arbitrator's ruling was not reviewable on the grounds...