Shoprite Checkers (Pty) Ltd v CCMA and Others (J3248/00) [2000] ZALC 1 (23 January 2000)

Shoprite Checkers (Pty) Ltd v CCMA and Others (J3248/00) [2000] ZALC 1 (23 January 2000)

The court found that the arbitration award issued by the second respondent under case number GA67313 dated 15 June 2000 should be set aside. The absence of opposition justified the decision not to make a costs order. The judgment was delivered summarily, focusing on the operative relief sought and the lack of contestation.

Citation
[2000] ZALC 1
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: C.C.M.A.; Respondent: Commissioner S Radebe; Respondent: J R Mhlaba
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 January 2000
Case Number
J3248/00
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award of the second respondent is set aside. No costs order is made.
Judges
Revelas
Legal Topics
Review of Arbitration Award, Costs Order, Ccma Jurisdiction
Labour Law Review of Arbitration Award Costs Order Ccma Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

C.C.M.A.

Respondent

Commissioner S Radebe

Respondent

J R Mhlaba

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the second respondent should be set aside.
  2. 2 Whether a costs order should be made in the absence of opposition.

Ratio Decidendi

The court found that the arbitration award issued by the second respondent under case number GA67313 dated 15 June 2000 should be set aside. The absence of opposition justified the decision not to make a costs order. The judgment was delivered summarily, focusing on the operative relief sought and the lack of contestation.

Court Disposition

The arbitration award of the second respondent is set aside. No costs order is made.

Orders

  • The award of the second respondent under case number GA67313 dated 15 June 2000 is set aside.
  • There is no costs order because there was no opposition.