Northern Training Trust v Maake and Others (JR268/ 02) [2005] ZALC 111; [2006] 5 BLLR 496 (LC); (2006) 27 ILJ 828 (LC) (2 December 2005)

Northern Training Trust v Maake and Others (JR268/ 02) [2005] ZALC 111; [2006] 5 BLLR 496 (LC); (2006) 27 ILJ 828 (LC) (2 December 2005)

The court found that the arbitrator failed to consider all relevant facts in the rescission application, focusing solely on the transmission record of the fax notification and disregarding the applicant's explanation for its absence and its prospects of success. The arbitrator misconceived the nature of his discretion under section 144 of the Labour Relations Act and committed a gross irregularity by not applying his mind to the relevant issues. The court held that the arbitration award was erroneously made in the absence of the applicant and that both the rescission ruling and the arbitration award should be reviewed and set aside. The matter was remitted to the CCMA for arbitration...

Citation
[2005] ZALC 111
Parties
Applicant: Northern Training Trust; Respondent: Josiah Maake; Respondent: Sita Gesina Maria Du Toit; Respondent: CCMA
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 December 2005
Case Number
JR268/ 02
Procedural Posture
Review Application / Judgment on Review of Rescission Ruling and Arbitration Award
Outcome
Application to review and set aside the rescission ruling and arbitration award granted. Both rulings are set aside and the matter is remitted for fresh arbitration.
Judges
Cele AJ
Legal Topics
Rescission of Arbitration Award, Service of Process, Gross Irregularity, Review Powers of Labour Court
Labour Law Civil Procedure Rescission of Arbitration Award Service of Process Gross Irregularity Review Powers of Labour Court

Case Brief

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Parties

Northern Training Trust

Applicant

Josiah Maake

Respondent

Sita Gesina Maria Du Toit

Respondent

CCMA

Respondent

Procedural Posture

Review Application / Judgment on Review of Rescission Ruling and Arbitration Award

Legal Issues

  1. 1 Whether the applicant was properly notified of the arbitration hearing date by the CCMA.
  2. 2 Whether the arbitrator committed a gross irregularity by failing to consider all relevant facts in the rescission application.
  3. 3 Whether the arbitration award and rescission ruling should be reviewed and set aside.

Ratio Decidendi

The court found that the arbitrator failed to consider all relevant facts in the rescission application, focusing solely on the transmission record of the fax notification and disregarding the applicant's explanation for its absence and its prospects of success. The arbitrator misconceived the nature of his discretion under section 144 of the Labour Relations Act and committed a gross irregularity by not applying his mind to the relevant issues. The court held that the arbitration award was erroneously made in the absence of the applicant and that both the rescission ruling and the arbitration award should be reviewed and set aside. The matter was remitted to the CCMA for arbitration...

Court Disposition

Application to review and set aside the rescission ruling and arbitration award granted. Both rulings are set aside and the matter is remitted for fresh arbitration.

Orders

  • The rescission ruling issued by the first respondent on 28 October 2001 in case number NP 9721 is reviewed and set aside.
  • The arbitration award issued by the first respondent on 5 May 2001 in case number NP 9721 is reviewed and set aside.