Sithole v Mac Gregor and Others (JR3082/12) [2015] ZALCJHB 345 (7 October 2015)

Sithole v Mac Gregor and Others (JR3082/12) [2015] ZALCJHB 345 (7 October 2015)

Condonation for the late filing of written submissions was granted as the delay, while not insignificant, did not cause substantial prejudice to the third respondent and the application for leave to appeal was filed timeously. On the merits, the applicant failed to demonstrate that there was a reasonable prospect that another court would reach a different conclusion. The applicant misunderstood the review function of the court, which is not to substitute its own view for that of the arbitrator, but only to intervene if the arbitrator's decision was one that no reasonable arbitrator could have made. As this threshold was not met, leave to appeal was dismissed.

Citation
[2015] ZALCJHB 345
Parties
Applicant: Fihlokwakhe Sithole; Respondent: Commissioner Rob Mac Gregor; Respondent: CCMA; Respondent: Tiber Brands Albany Bakery
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 October 2015
Case Number
JR3082/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed; condonation for late filing of written submissions granted; no order as to costs.
Judges
Hulley
Legal Topics
Condonation, Review of Arbitration Award, Prospects of Success, Practice Manual Compliance
Labour Law Civil Procedure Condonation Review of Arbitration Award Prospects of Success Practice Manual Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Fihlokwakhe Sithole

Applicant

Commissioner Rob Mac Gregor

Respondent

CCMA

Respondent

Tiber Brands Albany Bakery

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of written submissions.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion on the review of the arbitration award.

Ratio Decidendi

Condonation for the late filing of written submissions was granted as the delay, while not insignificant, did not cause substantial prejudice to the third respondent and the application for leave to appeal was filed timeously. On the merits, the applicant failed to demonstrate that there was a reasonable prospect that another court would reach a different conclusion. The applicant misunderstood the review function of the court, which is not to substitute its own view for that of the arbitrator, but only to intervene if the arbitrator's decision was one that no reasonable arbitrator could have made. As this threshold was not met, leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed; condonation for late filing of written submissions granted; no order as to costs.

Orders

  • Condonation for the late filing of the written submissions is granted.
  • The application for leave to appeal is dismissed.