Professional Transport Workers Union v Malema and Others (JA67/12) [2014] ZALAC 53 (7 October 2014)

Professional Transport Workers Union v Malema and Others (JA67/12) [2014] ZALAC 53 (7 October 2014)

Section 144 of the Labour Relations Act must be interpreted to allow rescission of a CCMA arbitration award on the independent ground of good cause, in addition to the grounds expressly listed. The commissioner committed an irregularity by failing to consider good cause in the rescission application, rendering the...

Source-derived case information.

Citation
[2014] ZALAC 53
Parties
Appellant: Professional Transport Workers Union; Respondent: Paul Malema; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Geraldine Dunn N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
7 October 2014
Case Number
JA67/12
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing a CCMA Rescission Ruling
Outcome
Appeal upheld; arbitration award reviewed and set aside; rescission granted; each party to pay its own costs.
Judges
Tlaletsi, Ndlovu, Coppin
Legal Topics
Rescission of Arbitration Award, Good Cause Requirement, Default Judgment, Condonation, Unfair Dismissal
Labour Law Civil Procedure Rescission of Arbitration Award Good Cause Requirement Default Judgment Condonation Unfair Dismissal

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Summary, issues, holding and outcome

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Parties

Professional Transport Workers Union

Appellant

Paul Malema

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Geraldine Dunn N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing a CCMA Rescission Ruling

Legal Issues

  1. 1 Whether section 144 of the Labour Relations Act allows rescission of a CCMA arbitration award on the independent ground of good cause.
  2. 2 Whether the Labour Court erred in not considering the merits of the dispute when deciding on rescission.
  3. 3 Whether the appellant provided a reasonable explanation for its default and demonstrated prospects of success.

Ratio Decidendi

Section 144 of the Labour Relations Act must be interpreted to allow rescission of a CCMA arbitration award on the independent ground of good cause, in addition to the grounds expressly listed. The commissioner committed an irregularity by failing to consider good cause in the rescission application, rendering the award reviewable. The Labour Court was correct to set aside the commissioner's ruling but erred by limiting its inquiry to the explanation for non-attendance and failing to consider the merits of the dispute. The appellant provided a bona fide and reasonable explanation for its default, and the material before the court demonstrated prospects of success on the merits. The appeal...

Court Disposition

Appeal upheld; arbitration award reviewed and set aside; rescission granted; each party to pay its own costs.

Orders

  • The applications for condonation for the late filing of the Power of Attorney and Notice of Appeal are granted.
  • The appeal succeeds and the order of the Labour Court is set aside and replaced with an order reviewing and setting aside the arbitration award.