Rand Water Board v Commission for Conciliation, Mediation and Arbitration and Others (JR 979/03) [2007] ZALC 86 (12 November 2007)

Rand Water Board v Commission for Conciliation, Mediation and Arbitration and Others (JR 979/03) [2007] ZALC 86 (12 November 2007)

The court found that the delay in filing the review application was minimal and adequately explained, and condonation was granted. The failure to provide a complete record was due to the CCMA's omission, not the applicant's fault, and the reconstructed record together with other papers sufficed for adjudication. The commissioner committed a gross irregularity by relying on evidence not properly before her, specifically the third respondent's affidavit attached to heads of argument which was not served on the applicant. The arbitration award was reviewed and set aside, and the dispute was referred back to the CCMA to be heard by a different commissioner. Costs were awarded against the...

Citation
[2007] ZALC 86
Parties
Applicant: Rand Water Board; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mansingh, Roshnee; Respondent: Langeni Sindiso
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 November 2007
Case Number
JR 979/03
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application granted; arbitration award set aside; dispute referred back to CCMA for rehearing before a different commissioner; costs awarded against first and second respondents.
Judges
Molahlehi
Legal Topics
Condonation, Review of Arbitration Award, Record of Proceedings, Costs Award, Commissioner Irregularity
Labour Law Civil Procedure Condonation Review of Arbitration Award Record of Proceedings Costs Award Commissioner Irregularity

Case Brief

Summary, issues, holding and outcome

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Parties

Rand Water Board

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mansingh, Roshnee

Respondent

Langeni Sindiso

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the late filing of the review application should be condoned.
  2. 2 Whether the applicant's failure to provide a complete record of the arbitration proceedings is fatal to the review.
  3. 3 Whether the commissioner committed a gross irregularity in relying on evidence not properly before her.

Ratio Decidendi

The court found that the delay in filing the review application was minimal and adequately explained, and condonation was granted. The failure to provide a complete record was due to the CCMA's omission, not the applicant's fault, and the reconstructed record together with other papers sufficed for adjudication. The commissioner committed a gross irregularity by relying on evidence not properly before her, specifically the third respondent's affidavit attached to heads of argument which was not served on the applicant. The arbitration award was reviewed and set aside, and the dispute was referred back to the CCMA to be heard by a different commissioner. Costs were awarded against the...

Court Disposition

Review application granted; arbitration award set aside; dispute referred back to CCMA for rehearing before a different commissioner; costs awarded against first and second respondents.

Orders

  • The points in limine raised by the third respondent are dismissed.
  • The arbitration award issued by the second respondent under the auspices of the first respondent on 22 May 2003, under case number GA 216063/03 is reviewed and set aside.