Shoprite Checkers (Pty) Ltd v Khawula and Others (D 928/10) [2015] ZALCD 1 (13 January 2015)

Shoprite Checkers (Pty) Ltd v Khawula and Others (D 928/10) [2015] ZALCD 1 (13 January 2015)

The application for review was dismissed because the applicant failed to make out a proper case for review. The founding and supplementary affidavits did not address the applicable threshold for review under section 145 of the LRA and amounted to an appeal against the commissioner’s decision rather than a proper review. The applicant did not establish that the commissioner’s award fell outside the band of reasonable decisions. Furthermore, the failure to join the commissioner was fatal to the review of the condonation ruling. The commissioner gave both parties a full opportunity to present their cases, identified and understood the dispute, and dealt with the substantial merits. There was...

Citation
[2015] ZALCD 1
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: Mandlakhe Khawula; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: Duduzile Natacia Danca
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
13 January 2015
Case Number
D 928/10
Procedural Posture
Review Application / Judgment on Review Application of Arbitration Award
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Review of Arbitration Award, Condonation of Late Referral, Unfair Dismissal, Costs Award
Labour Law Civil Procedure Review of Arbitration Award Condonation of Late Referral Unfair Dismissal Costs Award

Case Brief

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

Mandlakhe Khawula

Respondent

Commission for Conciliation Mediation & Arbitration

Respondent

Duduzile Natacia Danca

Respondent

Procedural Posture

Review Application / Judgment on Review Application of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner’s arbitration award was reviewable under section 145 of the LRA.
  2. 2 Whether the non-joinder of the commissioner was fatal to the review of the condonation ruling.
  3. 3 Whether the applicant made out a proper case for review of the arbitration award.

Ratio Decidendi

The application for review was dismissed because the applicant failed to make out a proper case for review. The founding and supplementary affidavits did not address the applicable threshold for review under section 145 of the LRA and amounted to an appeal against the commissioner’s decision rather than a proper review. The applicant did not establish that the commissioner’s award fell outside the band of reasonable decisions. Furthermore, the failure to join the commissioner was fatal to the review of the condonation ruling. The commissioner gave both parties a full opportunity to present their cases, identified and understood the dispute, and dealt with the substantial merits. There was...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.