Shaw v National Bargaining Council For the Freight Industry and Another (JR 376 / 05) [2006] ZALC 129 (16 January 2006)

Shaw v National Bargaining Council For the Freight Industry and Another (JR 376 / 05) [2006] ZALC 129 (16 January 2006)

The application for review was dismissed on two fatal grounds. First, the applicant failed to join the person who made the ruling, depriving that individual of the opportunity to be heard, which is a procedural requirement in review proceedings. Second, the review application was not filed within a reasonable time after the applicant became aware of the ruling on 15 October 2004, and no condonation was sought for the delay. The court found that the applicant was not an employee but operated as a contractor through his Close Corporation, as evidenced by the contract and correspondence. The written agreement explicitly excluded an employment relationship. The applicant's reliance on legal...

Citation
[2006] ZALC 129
Parties
Applicant: Anthony Shaw; Respondent: National Bargaining Council For the Freight Industry; Respondent: UTI/Sun Couriers
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
16 January 2006
Case Number
JR 376 / 05
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
Ngcamu AJ
Legal Topics
Employment Status, Jurisdiction of Bargaining Council, Review Proceedings, Condonation for Late Filing
Labour Law Civil Procedure Employment Status Jurisdiction of Bargaining Council Review Proceedings Condonation for Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Shaw

Applicant

National Bargaining Council For the Freight Industry

Respondent

UTI/Sun Couriers

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant was an employee or an independent contractor for purposes of jurisdiction under the Labour Relations Act.
  2. 2 Whether the failure to join the person who made the ruling is fatal to the review application.
  3. 3 Whether the review application was filed within a reasonable time and whether condonation was required.

Ratio Decidendi

The application for review was dismissed on two fatal grounds. First, the applicant failed to join the person who made the ruling, depriving that individual of the opportunity to be heard, which is a procedural requirement in review proceedings. Second, the review application was not filed within a reasonable time after the applicant became aware of the ruling on 15 October 2004, and no condonation was sought for the delay. The court found that the applicant was not an employee but operated as a contractor through his Close Corporation, as evidenced by the contract and correspondence. The written agreement explicitly excluded an employment relationship. The applicant's reliance on legal...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.