Pretorius v Toncon Civil Engineering (Pty) Ltd (J1824/00) [2001] ZALC 222 (7 December 2001)

Pretorius v Toncon Civil Engineering (Pty) Ltd (J1824/00) [2001] ZALC 222 (7 December 2001)

The court found that condonation for the late referral to the CCMA was indeed granted by Commissioner Kgaka, as evidenced by the note on the file and the undisputed facts before the court. The arbitrator committed misconduct by ignoring this evidence and failing to postpone the matter to clarify the issue with Commissioner Kgaka. The arbitrator's ruling that he lacked jurisdiction was therefore incorrect and subject to review. The application for review succeeded, and the respondent was ordered to pay the costs.

Citation
[2001] ZALC 222
Parties
Applicant: William Paul Pretorius; Respondent: Toncon Civil Engineering (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 December 2001
Case Number
J1824/00
Procedural Posture
Review Application / Review of Arbitration Award Under Section 145(1)(c) and Section 158(1)(g) of the Labour Relations Act
Outcome
Application for review succeeded; costs awarded against the respondent.
Judges
E. Revelas
Legal Topics
Condonation of Late Referral, Jurisdiction of Ccma, Review of Arbitration Award
Labour Law Civil Procedure Condonation of Late Referral Jurisdiction of Ccma Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

William Paul Pretorius

Applicant

Toncon Civil Engineering (Pty) Ltd

Respondent

Procedural Posture

Review Application / Review of Arbitration Award Under Section 145(1)(c) and Section 158(1)(g) of the Labour Relations Act

Legal Issues

  1. 1 Whether condonation for late referral to the CCMA was granted.
  2. 2 Whether the arbitrator had jurisdiction to hear the matter.
  3. 3 Whether the arbitrator committed misconduct by ignoring evidence of condonation.

Ratio Decidendi

The court found that condonation for the late referral to the CCMA was indeed granted by Commissioner Kgaka, as evidenced by the note on the file and the undisputed facts before the court. The arbitrator committed misconduct by ignoring this evidence and failing to postpone the matter to clarify the issue with Commissioner Kgaka. The arbitrator's ruling that he lacked jurisdiction was therefore incorrect and subject to review. The application for review succeeded, and the respondent was ordered to pay the costs.

Court Disposition

Application for review succeeded; costs awarded against the respondent.

Orders

  • The application for review is granted.
  • The third respondent is ordered to pay the costs of this matter.