Rooi v Heffer NO and Others (JR1222/07) [2008] ZALCJHB 20 (2 September 2008)
- Citation
- [2008] ZALCJHB 20
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Pillay D
- Case number
- JR1222/07
More details
- Court
- Labour Court Johannesburg
- Panel
- Pillay D
- Case number
- JR1222/07
On this page
Professional case brief
Research organized from the available case record
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 personTheo Heffer, N.O
RespondentTransnet Bargaining Council
RespondentWits Metrorail
Respondent03
Procedural history
Posture
Review Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether the applicant established grounds for reviewing and setting aside the arbitration award.
- 02
Whether the dismissal for fraudulently obtaining a driver's license was procedurally and substantively fair.
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
Legal principles
- 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 reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
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
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