Nkosi v Cachalia NO and Others (JR1992/2010) [2018] ZALCJHB 293 (25 September 2018)

Nkosi v Cachalia NO and Others (JR1992/2010) [2018] ZALCJHB 293 (25 September 2018)

The applicant failed to comply with the express terms of the court order requiring him to file a transcribed record or, alternatively, typed and confirmed arbitrator's notes. His reliance on handwritten notes without having them typed and confirmed was insufficient, and his affidavit misrepresented the previous judge's directions. The absence of a proper record precluded the court from adjudicating the review application, as the evidence necessary to assess the arbitrator's findings was not before the court. The application was therefore dismissed.

Citation
[2018] ZALCJHB 293
Parties
Applicant: Paulos Nkosi; Respondent: Commissioner Ahmed Cachalia N.O.; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Wellmax Metal Pressing; Respondent: Jeanine Executive Placements
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 September 2018
Case Number
JR1992/2010
Procedural Posture
Review Application / Judgment on Counter Application to Dismiss Review
Outcome
Review application dismissed for failure to file the relevant record.
Judges
Lagrange
Legal Topics
Review of Arbitration Award, Failure to File Record, Rule 7a Compliance, Unfair Dismissal, Jurisdictional Ruling
Labour Law Civil Procedure Review of Arbitration Award Failure to File Record Rule 7a Compliance Unfair Dismissal Jurisdictional Ruling

Case Brief

Summary, issues, holding and outcome

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Parties

Paulos Nkosi

Applicant

Commissioner Ahmed Cachalia N.O.

Respondent

Metal and Engineering Industries Bargaining Council

Respondent

Wellmax Metal Pressing

Respondent

Jeanine Executive Placements

Respondent

Procedural Posture

Review Application / Judgment on Counter Application to Dismiss Review

Legal Issues

  1. 1 Whether the review application can be determined without a transcribed record or typed and confirmed arbitrator's notes.
  2. 2 Whether the applicant complied with the court order to file the relevant portions of the record.
  3. 3 Whether the failure to file the record justifies dismissal of the review application.

Ratio Decidendi

The applicant failed to comply with the express terms of the court order requiring him to file a transcribed record or, alternatively, typed and confirmed arbitrator's notes. His reliance on handwritten notes without having them typed and confirmed was insufficient, and his affidavit misrepresented the previous judge's directions. The absence of a proper record precluded the court from adjudicating the review application, as the evidence necessary to assess the arbitrator's findings was not before the court. The application was therefore dismissed.

Court Disposition

Review application dismissed for failure to file the relevant record.

Orders

  • The review application is dismissed.
  • No order is made as to costs.