Shabalala v Khanya High School c/o Department of Education (D1556/2000) [2001] ZALC 37; (2001) 22 ILJ 1901 (LC) (8 March 2001)

Shabalala v Khanya High School c/o Department of Education (D1556/2000) [2001] ZALC 37; (2001) 22 ILJ 1901 (LC) (8 March 2001)

The Court found that the second commissioner lacked jurisdiction to rescind the original arbitration award, as only the original commissioner may do so under section 144 of the Labour Relations Act. Furthermore, the Department of Education, as the employer, was not properly notified of the arbitration and conciliation proceedings, rendering the original award invalid. The Court granted condonation for the late filing of the review application due to the minimal delay. In accordance with established authority, both the refusal to rescind and the original award were set aside. The matter was remitted to the CCMA for arbitration before a commissioner not previously involved, with directions...

Citation
[2001] ZALC 37
Parties
Applicant: Sithembiso Eric Shabalala; Respondent: Khanya High School c/o Department of Education
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
8 March 2001
Case Number
D1556/2000
Procedural Posture
Review Application / Judgment
Outcome
The refusal to rescind the arbitration award dated 20 September 2000 and the original award dated 15 February 2000 are set aside. The matter is remitted to the CCMA for fresh arbitration with proper notice to all parties.
Judges
Gering
Legal Topics
Ccma Jurisdiction, Rescission of Award, Condonation, Procedural Fairness, Notice to Employer
Labour Law Civil Procedure Ccma Jurisdiction Rescission of Award Condonation Procedural Fairness Notice to Employer

Case Brief

Summary, issues, holding and outcome

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Parties

Sithembiso Eric Shabalala

Applicant

Khanya High School c/o Department of Education

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether a commissioner other than the original arbitrator had jurisdiction to rescind the arbitration award.
  2. 2 Whether proper notice was given to the employer, the Department of Education, for the arbitration and conciliation proceedings.
  3. 3 Whether condonation for late filing of the review application should be granted.

Ratio Decidendi

The Court found that the second commissioner lacked jurisdiction to rescind the original arbitration award, as only the original commissioner may do so under section 144 of the Labour Relations Act. Furthermore, the Department of Education, as the employer, was not properly notified of the arbitration and conciliation proceedings, rendering the original award invalid. The Court granted condonation for the late filing of the review application due to the minimal delay. In accordance with established authority, both the refusal to rescind and the original award were set aside. The matter was remitted to the CCMA for arbitration before a commissioner not previously involved, with directions...

Court Disposition

The refusal to rescind the arbitration award dated 20 September 2000 and the original award dated 15 February 2000 are set aside. The matter is remitted to the CCMA for fresh arbitration with proper notice to all parties.

Orders

  • The refusal to rescind the arbitration award dated 20 September 2000 is set aside.
  • The original arbitration award dated 15 February 2000 is set aside.