Robor Tube (Pty) Ltd v MEIBC and Others (JR1758/13) [2018] ZALCJHB 229; (2018) 39 ILJ 2332 (LC) (21 June 2018)

Robor Tube (Pty) Ltd v MEIBC and Others (JR1758/13) [2018] ZALCJHB 229; (2018) 39 ILJ 2332 (LC) (21 June 2018)

The Labour Court held that there is no principled reason why a withdrawn application should not be capable of reinstatement. The court has inherent powers equivalent to those of the High Court to regulate its own proceedings. The analogy with referrals to the CCMA supports the view that withdrawal does not bar...

Source-derived case information.

Citation
[2018] ZALCJHB 229
Parties
Applicant: Robor Tube (Pty) Ltd; Respondent: MEIBC; Respondent: J Mathebula N.O; Respondent: Kehla F Motloung
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 June 2018
Case Number
JR1758/13
Procedural Posture
Review Application / Application to Reinstate Withdrawn Review of Arbitration Award
Outcome
Application granted; leave to reinstate the review application is afforded to the applicant.
Judges
Van Niekerk
Legal Topics
Withdrawal of Proceedings, Reinstatement of Review, Arbitration Award, Prescription, Court Inherent Powers
Labour Law Civil Procedure Withdrawal of Proceedings Reinstatement of Review Arbitration Award Prescription Court Inherent Powers

Source-derived case record

Summary, issues, holding and outcome

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Parties

Robor Tube (Pty) Ltd

Applicant

MEIBC

Respondent

J Mathebula N.O

Respondent

Kehla F Motloung

Respondent

Procedural Posture

Review Application / Application to Reinstate Withdrawn Review of Arbitration Award

Legal Issues

  1. 1 Whether a withdrawn review application may be reinstated before the Labour Court.
  2. 2 Whether the withdrawal of the review application precludes the applicant from pursuing the review.
  3. 3 Whether the circumstances justify reinstatement of the withdrawn review application.

Ratio Decidendi

The Labour Court held that there is no principled reason why a withdrawn application should not be capable of reinstatement. The court has inherent powers equivalent to those of the High Court to regulate its own proceedings. The analogy with referrals to the CCMA supports the view that withdrawal does not bar reinstitution. The circumstances of this case, where the withdrawal was based on a mistaken belief regarding prescription, further justify reinstatement. The imperative of expeditious dispute resolution supports re-enrollment rather than requiring a fresh application. The applicant is therefore granted leave to reinstate the review application.

Court Disposition

Application granted; leave to reinstate the review application is afforded to the applicant.

Orders

  • The applicant is granted leave to reinstate the application for review.
  • The registrar is directed to enroll the review application for hearing on the opposed motion roll, together with the application in terms of s 158(1)(c) filed by the third respondent under case number J 1773/16.