Satellite Data Network v Mollentze (JR1197/02) [2003] ZALC 152 (1 March 2003)

Satellite Data Network v Mollentze (JR1197/02) [2003] ZALC 152 (1 March 2003)

The commissioner committed a gross irregularity by failing to apply the correct legal test for determining prospects of success and the existence of a bona fide defence. The commissioner focused primarily on wilful default, which was conceded not to exist, and did not properly assess the merits of the applicant's defence. Furthermore, the commissioner's amendment of the quantum of compensation demonstrated that there was at least a bona fide dispute regarding the quantum. The applicant should have been afforded the opportunity to present its case fully at arbitration. Accordingly, the recission ruling is reviewable and must be set aside.

Citation
[2003] ZALC 152
Parties
Applicant: Satellite Data Network (Pty) Limited; Respondent: C Mollentze
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 March 2003
Case Number
JR1197/02
Procedural Posture
Review Application / Application to Review and Set Aside a Recission Ruling by the CCMA Commissioner.
Outcome
Application for review and setting aside of the recission ruling is granted.
Judges
A A Landman
Legal Topics
Recission of Award, Wilful Default, Prospects of Success, Quantum of Compensation
Labour Law Civil Procedure Recission of Award Wilful Default Prospects of Success Quantum of Compensation

Case Brief

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Parties

Satellite Data Network (Pty) Limited

Applicant

C Mollentze

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside a Recission Ruling by the CCMA Commissioner.

Legal Issues

  1. 1 Whether Satellite Data Network was in wilful default in failing to attend the arbitration.
  2. 2 Whether the commissioner applied the correct legal test regarding prospects of success and the existence of a bona fide defence.
  3. 3 Whether the commissioner was entitled to amend the quantum of compensation awarded.

Ratio Decidendi

The commissioner committed a gross irregularity by failing to apply the correct legal test for determining prospects of success and the existence of a bona fide defence. The commissioner focused primarily on wilful default, which was conceded not to exist, and did not properly assess the merits of the applicant's defence. Furthermore, the commissioner's amendment of the quantum of compensation demonstrated that there was at least a bona fide dispute regarding the quantum. The applicant should have been afforded the opportunity to present its case fully at arbitration. Accordingly, the recission ruling is reviewable and must be set aside.

Court Disposition

Application for review and setting aside of the recission ruling is granted.

Orders

  • The recission ruling handed down by the 2nd respondent on 17 July 2002 is reviewed and set aside.
  • The CCMA is directed to convene an arbitration hearing to consider the merits of the matter.