Sejane v Commission for Concilation Mediation and Arbitration and Others (J2789/99) [2001] ZALC 156 (2 October 2001)

Sejane v Commission for Concilation Mediation and Arbitration and Others (J2789/99) [2001] ZALC 156 (2 October 2001)

The court found that the applicant was not properly advised regarding the consequences of consenting to the third respondent's legal representation and proceeding without his own representative. The commissioner failed in her duty to ensure the applicant's interests were protected, particularly given the applicant's lack of literacy and understanding. As a result, the settlement agreement was set aside, allowing the matter to proceed to arbitration. The court declined to award costs against the third respondent due to the applicant's unclear papers and lack of basis for such an order.

Citation
[2001] ZALC 156
Parties
Applicant: Johannes Moleko Sejane; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Phillis Defeto; Respondent: Grinaker Whylie (Botswana Pty Ltd)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 October 2001
Case Number
J2789/99
Procedural Posture
Review Application / Judgment
Outcome
The settlement agreement dated 13 January 1999 is set aside; the matter may proceed to arbitration. No costs order is made.
Judges
E. Revelas
Legal Topics
Review of Settlement Agreement, Representation in Conciliation, Jurisdiction of Ccma, Consensus in Agreement
Labour Law Review of Settlement Agreement Representation in Conciliation Jurisdiction of Ccma Consensus in Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes Moleko Sejane

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Phillis Defeto

Respondent

Grinaker Whylie (Botswana Pty Ltd)

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the settlement agreement signed during conciliation should be set aside as null and void.
  2. 2 Whether the applicant was forced to sign the agreement by the commissioner.
  3. 3 Whether the applicant was prejudiced by lack of legal representation during conciliation.

Ratio Decidendi

The court found that the applicant was not properly advised regarding the consequences of consenting to the third respondent's legal representation and proceeding without his own representative. The commissioner failed in her duty to ensure the applicant's interests were protected, particularly given the applicant's lack of literacy and understanding. As a result, the settlement agreement was set aside, allowing the matter to proceed to arbitration. The court declined to award costs against the third respondent due to the applicant's unclear papers and lack of basis for such an order.

Court Disposition

The settlement agreement dated 13 January 1999 is set aside; the matter may proceed to arbitration. No costs order is made.

Orders

  • The agreement dated 13 January 1999 is set aside.
  • The matter may proceed to arbitration.