Ramsupathy v Clicks Stores (D1397/99) [2000] ZALC 76 (10 August 2000)

Ramsupathy v Clicks Stores (D1397/99) [2000] ZALC 76 (10 August 2000)

The court found that Clicks Stores did not receive proper notice of the reconvened arbitration hearing, which justified its absence and provided a prima facie defence to the alleged unfair dismissal. Although the explanation for failing to oppose the s 158(1)(c) application was weak, the circumstances were borderline and justified granting Clicks Stores the opportunity to oppose the matter. The court rescinded the order making the arbitration award an order of court and granted the respondent leave to file its notice of opposition and answering affidavit within one month. The CCMA was directed to consider the rescission application with due dispatch. No order as to costs was made.

Citation
[2000] ZALC 76
Parties
Applicant: J Ramsupathy; Respondent: Clicks Stores
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 August 2000
Case Number
D1397/99
Procedural Posture
Review Application / Application to Rescind Court Order Making Arbitration Award an Order of Court
Outcome
Order rescinded; respondent granted leave to oppose; CCMA directed to consider rescission application; no order as to costs.
Judges
A A Landman
Legal Topics
Rescission of Court Order, Unfair Dismissal, Condonation for Late Referral, Notice of Arbitration, Ccma Procedure
Labour Law Civil Procedure Rescission of Court Order Unfair Dismissal Condonation for Late Referral Notice of Arbitration Ccma Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

J Ramsupathy

Applicant

Clicks Stores

Respondent

Procedural Posture

Review Application / Application to Rescind Court Order Making Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether Clicks Stores received proper notice of the reconvened arbitration hearing.
  2. 2 Whether Clicks Stores provided a reasonable and bona fide explanation for failing to oppose the s 158(1)(c) application.
  3. 3 Whether Clicks Stores has a bona fide defence to the unfair dismissal claim.

Ratio Decidendi

The court found that Clicks Stores did not receive proper notice of the reconvened arbitration hearing, which justified its absence and provided a prima facie defence to the alleged unfair dismissal. Although the explanation for failing to oppose the s 158(1)(c) application was weak, the circumstances were borderline and justified granting Clicks Stores the opportunity to oppose the matter. The court rescinded the order making the arbitration award an order of court and granted the respondent leave to file its notice of opposition and answering affidavit within one month. The CCMA was directed to consider the rescission application with due dispatch. No order as to costs was made.

Court Disposition

Order rescinded; respondent granted leave to oppose; CCMA directed to consider rescission application; no order as to costs.

Orders

  • The order granted by this court on 28 February 2000 is rescinded.
  • The respondent is given leave to file its notice of opposition and answering affidavit within one month from the date of this order.