Qubekela Projects CC v Mokoena (J37/15) [2016] ZALCJHB 236 (8 July 2016)

Qubekela Projects CC v Mokoena (J37/15) [2016] ZALCJHB 236 (8 July 2016)

The court found that the order making the arbitration award an order of court was erroneously granted in the absence of the applicant, as the judge was unaware of the applicant’s opposition due to administrative errors in case numbering. The applicant demonstrated good cause for rescission by showing reasonable prospects of success in the review application, particularly regarding the employment status of the respondent and the conduct of the commissioner. The applicant also complied with all procedural requirements and acted bona fide. Accordingly, the rescission application was granted and the original order was set aside.

Citation
[2016] ZALCJHB 236
Parties
Applicant: Qubekela Projects CC; Respondent: Mphamo Mokoena
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 July 2016
Case Number
J37/15
Procedural Posture
Rescission Application / Application for Rescission of a Court Order Granted in Chambers Under Section 165 of the Labour Relations Act.
Outcome
Application for rescission granted; original order rescinded; no order as to costs.
Judges
Jackson
Legal Topics
Rescission of Judgment, Arbitration Award Enforcement, Employee Vs Independent Contractor, Good Cause Requirement
Labour Law Civil Procedure Rescission of Judgment Arbitration Award Enforcement Employee Vs Independent Contractor Good Cause Requirement

Case Brief

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Parties

Qubekela Projects CC

Applicant

Mphamo Mokoena

Respondent

Procedural Posture

Rescission Application / Application for Rescission of a Court Order Granted in Chambers Under Section 165 of the Labour Relations Act.

Legal Issues

  1. 1 Whether the order making the arbitration award an order of court was erroneously granted in the absence of the applicant.
  2. 2 Whether the applicant has shown good cause for rescission of the order under section 165 of the Labour Relations Act.
  3. 3 Whether the applicant has reasonable prospects of success in the review application against the arbitration award.

Ratio Decidendi

The court found that the order making the arbitration award an order of court was erroneously granted in the absence of the applicant, as the judge was unaware of the applicant’s opposition due to administrative errors in case numbering. The applicant demonstrated good cause for rescission by showing reasonable prospects of success in the review application, particularly regarding the employment status of the respondent and the conduct of the commissioner. The applicant also complied with all procedural requirements and acted bona fide. Accordingly, the rescission application was granted and the original order was set aside.

Court Disposition

Application for rescission granted; original order rescinded; no order as to costs.

Orders

  • The order made by Mosime, AJ under case number J37/15 on 24 February 2015 is hereby rescinded.
  • There is no order as to costs.