NUM obo Gule v Exxaro Resources - NBC Collieries and Others (J175/2010 B) [2013] ZALCJHB 211 (28 August 2013)

NUM obo Gule v Exxaro Resources - NBC Collieries and Others (J175/2010 B) [2013] ZALCJHB 211 (28 August 2013)

The court found that the first respondent failed to prosecute the review application within a reasonable time and provided no satisfactory explanation for the extensive delay. The respondent's inactivity and lack of effort to finalize the record or engage meaningfully with the applicant demonstrated a disregard for the rules and the interests of justice. The prejudice to Gule, who had an arbitration award in his favour for over three years, was deemed greater than any prejudice to the respondent. The findings of the Commissioner were not unreasonable, and there was no basis to refuse enforcement of the award. Accordingly, the review application was dismissed, the arbitration award was...

Citation
[2013] ZALCJHB 211
Parties
Applicant: NUM obo Gule Elish; Respondent: Exxaro Resources – NBC Collieries; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner M A Mashegoane N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 August 2013
Case Number
J175/2010 B
Procedural Posture
Review Application / Application to Dismiss Review and Make Arbitration Award Order of Court
Outcome
Review application dismissed; arbitration award made order of court; costs awarded against first respondent.
Judges
Edmonds
Legal Topics
Review Application Delay, Arbitration Award Enforcement, Condonation, Unreasonable Delay
Labour Law Civil Procedure Review Application Delay Arbitration Award Enforcement Condonation Unreasonable Delay

Case Brief

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Parties

NUM obo Gule Elish

Applicant

Exxaro Resources – NBC Collieries

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner M A Mashegoane N.O

Respondent

Procedural Posture

Review Application / Application to Dismiss Review and Make Arbitration Award Order of Court

Legal Issues

  1. 1 Whether the review application should be dismissed due to unreasonable delay and lack of prosecution.
  2. 2 Whether the arbitration award should be made an order of court.
  3. 3 Whether costs should be awarded against the first respondent.

Ratio Decidendi

The court found that the first respondent failed to prosecute the review application within a reasonable time and provided no satisfactory explanation for the extensive delay. The respondent's inactivity and lack of effort to finalize the record or engage meaningfully with the applicant demonstrated a disregard for the rules and the interests of justice. The prejudice to Gule, who had an arbitration award in his favour for over three years, was deemed greater than any prejudice to the respondent. The findings of the Commissioner were not unreasonable, and there was no basis to refuse enforcement of the award. Accordingly, the review application was dismissed, the arbitration award was...

Court Disposition

Review application dismissed; arbitration award made order of court; costs awarded against first respondent.

Orders

  • The review application brought by the first respondent under case number JR175/2010 is dismissed.
  • The Arbitration Award issued under case number MP8434-09 on 6 April 2010 is made an order of Court.