Northern Training Trust v Maake and Others (JR268/02) [2005] ZALCJHB 5 (2 December 2005)

Northern Training Trust v Maake and Others (JR268/02) [2005] ZALCJHB 5 (2 December 2005)

The commissioner failed to consider all relevant facts and evidence in determining whether the applicant was properly notified of the arbitration hearing. He placed undue emphasis on the fax transmission report and did not address the applicant's explanation for non-attendance or its prospects of success. This constituted a gross irregularity and a failure to apply the correct principles for rescission. The decision was not rationally connected to the material before the commissioner and is therefore reviewable. Both the rescission ruling and the arbitration award were set aside, and the matter was remitted for arbitration before a different commissioner.

Citation
[2005] ZALCJHB 5
Parties
Applicant: Northern Training Trust; Respondent: Josiah Maake; Respondent: Sita Gesina Maria Du Toit; Respondent: CCMA
Court
Labour Court Johannesburg
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
The rescission ruling and arbitration award are reviewed and set aside. The matter is remitted for arbitration before another commissioner. The second respondent is ordered to pay the applicant's costs.
Judges
Cele AJ
Legal Topics
Rescission of Arbitration Award, Service of Process, Review of Commissioner Decision, Procedural Fairness, Employment Status
Labour Law Civil Procedure Rescission of Arbitration Award Service of Process Review of Commissioner Decision Procedural Fairness Employment Status

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.
  2. 2 Whether the commissioner applied the correct principles in the rescission application.
  3. 3 Whether the arbitration award was erroneously made in the absence of the applicant.

Ratio Decidendi

The commissioner failed to consider all relevant facts and evidence in determining whether the applicant was properly notified of the arbitration hearing. He placed undue emphasis on the fax transmission report and did not address the applicant's explanation for non-attendance or its prospects of success. This constituted a gross irregularity and a failure to apply the correct principles for rescission. The decision was not rationally connected to the material before the commissioner and is therefore reviewable. Both the rescission ruling and the arbitration award were set aside, and the matter was remitted for arbitration before a different commissioner.

Court Disposition

The rescission ruling and arbitration award are reviewed and set aside. The matter is remitted for arbitration before another commissioner. The second respondent is ordered to pay the applicant's costs.

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.