Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR307/2003) [2004] ZALC 93 (1 January 2004)

Shoprite Checkers (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR307/2003) [2004] ZALC 93 (1 January 2004)

The commissioner failed to apply his mind to the highly relevant consideration that the rescission application was not brought within a reasonable time. The ruling did not address the applicant's submissions regarding the delay, nor did it consider the policy that labour disputes should be finalized expeditiously. The commissioner disregarded the requirement for promptness and failed to justify setting aside an award made years earlier. The statutory discretion under section 144 of the LRA must be exercised in accordance with common law principles requiring expeditious action. The commissioner's omission constitutes a reviewable irregularity, and the ruling must be set aside.

Citation
[2004] ZALC 93
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner N Maseko; Respondent: SACCAWU obo A Makhubela; Respondent: A Makhubela
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 January 2004
Case Number
JR307/2003
Procedural Posture
Review Application / Judicial Review of CCMA Rescission Ruling
Outcome
The CCMA commissioner's rescission ruling is reviewed and set aside; the application for rescission is refused.
Judges
Murphy
Legal Topics
Rescission of Award, Condonation, Unfair Dismissal, Review of Administrative Action
Labour Law Civil Procedure Rescission of Award Condonation Unfair Dismissal Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner N Maseko

Respondent

SACCAWU obo A Makhubela

Respondent

A Makhubela

Respondent

Procedural Posture

Review Application / Judicial Review of CCMA Rescission Ruling

Legal Issues

  1. 1 Whether the CCMA commissioner properly exercised discretion in granting rescission of the arbitration award.
  2. 2 Whether the rescission application was brought within a reasonable time as required by law.
  3. 3 Whether the commissioner failed to consider relevant submissions and the time-frame for rescission.

Ratio Decidendi

The commissioner failed to apply his mind to the highly relevant consideration that the rescission application was not brought within a reasonable time. The ruling did not address the applicant's submissions regarding the delay, nor did it consider the policy that labour disputes should be finalized expeditiously. The commissioner disregarded the requirement for promptness and failed to justify setting aside an award made years earlier. The statutory discretion under section 144 of the LRA must be exercised in accordance with common law principles requiring expeditious action. The commissioner's omission constitutes a reviewable irregularity, and the ruling must be set aside.

Court Disposition

The CCMA commissioner's rescission ruling is reviewed and set aside; the application for rescission is refused.

Orders

  • The ruling of the Second Respondent dated 29 November 2002 under case no. GA 45769 is hereby reviewed and set aside.
  • The application of the third and fourth respondents for rescission of the arbitration award of 24 March 1999 in terms of section 144 of the Labour Relations Act of 1995 is refused.