Ramanyimi v Commission for Conciliation, Mediation and Arbitration and Others (JR1013/13) [2017] ZALCJHB 230 (12 June 2017)

Ramanyimi v Commission for Conciliation, Mediation and Arbitration and Others (JR1013/13) [2017] ZALCJHB 230 (12 June 2017)

The court found that the applicant had accepted payment of the compensation awarded by the arbitrator, thereby satisfying the award. This acceptance constituted peremption, precluding the applicant from pursuing further legal challenge to the award. Upon consideration of the grounds for appeal, the court was not persuaded that there was any reasonable prospect that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Citation
[2017] ZALCJHB 230
Parties
Applicant: Rofhiwa Ramanyimi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Pretorius, D. A.; Respondent: National Housing Finance Corporation
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2017
Case Number
JR1013/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Gush
Legal Topics
Unfair Dismissal, Peremption, Review of Arbitration Award, Compensation for Unfair Procedure
Labour Law Unfair Dismissal Peremption Review of Arbitration Award Compensation for Unfair Procedure

Case Brief

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Parties

Rofhiwa Ramanyimi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Pretorius, D. A.

Respondent

National Housing Finance Corporation

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment dismissing the review application.
  2. 2 Whether the principle of peremption applies where the applicant has accepted payment of the arbitration award.

Ratio Decidendi

The court found that the applicant had accepted payment of the compensation awarded by the arbitrator, thereby satisfying the award. This acceptance constituted peremption, precluding the applicant from pursuing further legal challenge to the award. Upon consideration of the grounds for appeal, the court was not persuaded that there was any reasonable prospect that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The applicant’s application for leave to appeal is dismissed.