Sibiya v Mujlima NO and Others (JR1047/12) [2016] ZALCJHB 16 (27 January 2016)

Sibiya v Mujlima NO and Others (JR1047/12) [2016] ZALCJHB 16 (27 January 2016)

The Court found that the rescission application was not properly served on the third respondent, as the fax number used for service belonged to the applicant. Furthermore, the application was filed outside the prescribed 14-day period and was not accompanied by an application for condonation. These procedural defects rendered the application fatally defective. The applicant was aware of these defects prior to the hearing but persisted with the application regardless. Consequently, the review application was dismissed and costs were awarded against the applicant.

Citation
[2016] ZALCJHB 16
Parties
Applicant: Joseph Maimau Sipho Sibiya; Respondent: Denga Mujlima N.O.; Respondent: The General Public Service Sectoral Bargaining Council; Respondent: Minister of Labour
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 January 2016
Case Number
JR1047/12
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed with costs.
Judges
E Molahlehi
Legal Topics
Rescission Application, Condonation, Unfair Dismissal, Misconduct, Arbitration Rules
Labour Law Civil Procedure Rescission Application Condonation Unfair Dismissal Misconduct Arbitration Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Maimau Sipho Sibiya

Applicant

Denga Mujlima N.O.

Respondent

The General Public Service Sectoral Bargaining Council

Respondent

Minister of Labour

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the rescission application was properly served on the third respondent.
  2. 2 Whether the rescission application was filed within the prescribed time and accompanied by condonation.
  3. 3 Whether the Commissioner committed misconduct or gross irregularity in dismissing the rescission application.

Ratio Decidendi

The Court found that the rescission application was not properly served on the third respondent, as the fax number used for service belonged to the applicant. Furthermore, the application was filed outside the prescribed 14-day period and was not accompanied by an application for condonation. These procedural defects rendered the application fatally defective. The applicant was aware of these defects prior to the hearing but persisted with the application regardless. Consequently, the review application was dismissed and costs were awarded against the applicant.

Court Disposition

Review application dismissed with costs.

Orders

  • The review application is dismissed with costs.