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South Africa Judgment

Labour Court Johannesburg

Rooi v Heffer NO and Others (JR1222/07) [2008] ZALCJHB 20 (2 September 2008)

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Source document

01

Holding and result

The applicant did not provide any grounds on which the arbitrator's decision could be reviewed and set aside. In accordance with the principle established in Sidumo, the Labour Court will not interfere with an arbitration award unless the applicant demonstrates a valid basis for review. As no such grounds were advanced, the application for review was dismissed.

Court disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.
  • No order as to costs.

02

Material facts

Parties

Donald Moeketsi Rooi

Applicant Counsel: In person

Theo Heffer, N.O

Respondent

Transnet Bargaining Council

Respondent

Wits Metrorail

Respondent

03

Procedural history

  1. Posture

    Review Application / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant sought to have the arbitration award set aside, alleging wrongful dismissal for fraudulently obtaining a driver's license, but failed to articulate any specific grounds for review.
Respondent
No appearance or argument was made by the respondents.

05

Court’s reasoning

  1. 01

    Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC)

    A review application must set out clear grounds upon which the arbitration award is challenged; failure to do so is fatal to the application.

06

Ratio, limits and disposition

Ratio decidendi

The applicant did not provide any grounds on which the arbitrator's decision could be reviewed and set aside. In accordance with the principle established in Sidumo, the Labour Court will not interfere with an arbitration award unless the applicant demonstrates a valid basis for review. As no such grounds were advanced, the application for review was dismissed.

Court disposition

Application for review dismissed.

  • The application for review is dismissed.
  • No order as to costs.

Source and reliance status

Labour Court Johannesburg

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Judgment text

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Source document

Labour Court Johannesburg

Judgment

[2008] ZALCJHB 20

IN

THE LABOUR COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

BRAAMFONTEIN

CASE NO: JR1222/07

DATE: 02/09/2008

NOT REPORTABLE

In the matter between:

DONALD

MOEKETSI ROOI Applicant

and

THEO HEFFER, N.O

First Respondent

TRANSNET

BARGAINING COUNCIL Second Respondent

WITS METRORAIL Third Respondent

J

U D G M E N T

PILLAY D, J:

This is an application to review and set aside the award of first respondent commissioner. The applicant was dismissed for fraudulently

obtaining a driver's license. The applicant failed to set out any grounds on which the arbitrator's decision can be reviewed and set aside.

In the light of the decision in Sidumo & Another v Rustenburg Paltinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC) the application for review is dismissed with no orders to costs.

______

PILLAY D, J

Judge of the Labour Court

Date of Hearing: 02 September 2008

Date of Judgment: 02 September 2008

Date of Editing: 23 September 2008

Appearances:

For the Applicant: In person

For the Respondent: none

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

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Sidumo & Another v Rustenburg Platinum Mines Ltd & Others (2007) 28 ILJ 2405 (CC)

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