PT Operatioal Services (Pty) Ltd v RAWU obo Ngwetsana (JA7/11) [2012] ZALAC 34; [2013] 3 BLLR 225 (LAC); (2013) 34 ILJ 1138 (LAC) (27 November 2012)

PT Operatioal Services (Pty) Ltd v RAWU obo Ngwetsana (JA7/11) [2012] ZALAC 34; [2013] 3 BLLR 225 (LAC); (2013) 34 ILJ 1138 (LAC) (27 November 2012)

The Labour Appeal Court held that the functus officio doctrine applies to CCMA commissioners, but only where a final decision on the merits has been made. In this case, the ruling of 12 August 2004 by Commissioner Cellier was a dismissal for procedural defect (absence of condonation) and not a final determination of the rescission application. Therefore, Cellier was not functus officio and retained jurisdiction to consider the rescission application once condonation was sought. The subsequent rescission and condonation rulings were valid. As the default award was rescinded, there was no award to be made an order of court, and the Labour Court's order to that effect was set aside. The...

Citation
[2012] ZALAC 34
Parties
Appellant: PT Operational Services (Pty) Ltd; Respondent: RAWU obo L Ngwetsana
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
27 November 2012
Case Number
JA 7/11
Procedural Posture
Civil Appeal / Appeal Against Labour Court Judgment and Orders
Outcome
Appeal upheld. Labour Court's order set aside and replaced. No order as to costs.
Judges
Waglay, Ndlovu, Musi
Legal Topics
Functus Officio, Rescission of Award, Condonation, Arbitration Review, Default Award, Section 158 1 C Application
Labour Law Civil Procedure Functus Officio Rescission of Award Condonation Arbitration Review Default Award Section 158 1 C Application

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Parties

PT Operational Services (Pty) Ltd

Appellant

RAWU obo L Ngwetsana

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Judgment and Orders

Legal Issues

  1. 1 Does the functus officio doctrine apply to CCMA commissioners?
  2. 2 Was Commissioner Cellier functus officio after his ruling of 12 August 2004?
  3. 3 Was the rescission application finally determined on 12 August 2004 or could it be reconsidered?

Ratio Decidendi

The Labour Appeal Court held that the functus officio doctrine applies to CCMA commissioners, but only where a final decision on the merits has been made. In this case, the ruling of 12 August 2004 by Commissioner Cellier was a dismissal for procedural defect (absence of condonation) and not a final determination of the rescission application. Therefore, Cellier was not functus officio and retained jurisdiction to consider the rescission application once condonation was sought. The subsequent rescission and condonation rulings were valid. As the default award was rescinded, there was no award to be made an order of court, and the Labour Court's order to that effect was set aside. The...

Court Disposition

Appeal upheld. Labour Court's order set aside and replaced. No order as to costs.

Orders

  • The appeal is upheld with no orders as to costs.
  • The order of the Labour Court is set aside and replaced with: (i) The three applications are consolidated; (ii) The application to set aside the ruling of Commissioner Cellier dated 26 February 2007 is dismissed; (iii) The rulings of Commissioner Cellier dated 10 May 2007 and Commissioner Matshaba dated 3 July 2007...