South African Post Office Limited v Govender and Others (D851/02) [2003] ZALC 125; (2003) 24 ILJ 1733 (LC); [2003] 8 BLLR 818 (LC) (3 May 2003)

South African Post Office Limited v Govender and Others (D851/02) [2003] ZALC 125; (2003) 24 ILJ 1733 (LC); [2003] 8 BLLR 818 (LC) (3 May 2003)

The court found that the Commissioner committed a gross irregularity by permitting the first respondent's attorney to assist during the arbitration after formally refusing legal representation. This assistance, which included writing notes and preparing closing arguments, undermined the Commissioner's own ruling and disturbed the balance between the parties. The irregularity pervaded the entire process, affecting the quality and content of the evidence and causing confusion. As a result, the proceedings were vitiated and the award had to be set aside. The court also dismissed the respondent's objection to the applicant's authority to bring the review, finding it to be a bare and tactical...

Citation
[2003] ZALC 125
Parties
Applicant: South African Post Office Limited; Respondent: Devan Govender; Respondent: Commissioner Satchi M. Govender N.O.; Respondent: Commission for Conciliation, Mediation & Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 May 2003
Case Number
D851/02
Procedural Posture
Review Application / Judgment
Outcome
The application for review is granted; the arbitration award is set aside and the matter is referred back for fresh arbitration before a different Commissioner. Costs are awarded against the first respondent.
Judges
Pillay D
Legal Topics
Legal Representation in Arbitration, Gross Irregularity, Review of Arbitration Award, Costs Order
Labour Law Civil Procedure Legal Representation in Arbitration Gross Irregularity Review of Arbitration Award Costs Order

Case Brief

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Parties

South African Post Office Limited

Applicant

Devan Govender

Respondent

Commissioner Satchi M. Govender N.O.

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Commissioner committed a gross irregularity by permitting the first respondent's attorney to assist during arbitration despite refusing formal legal representation.
  2. 2 Whether the proceedings were vitiated by the manner in which legal assistance was allowed.
  3. 3 Whether the applicant's deponent was properly authorised to launch the review application.

Ratio Decidendi

The court found that the Commissioner committed a gross irregularity by permitting the first respondent's attorney to assist during the arbitration after formally refusing legal representation. This assistance, which included writing notes and preparing closing arguments, undermined the Commissioner's own ruling and disturbed the balance between the parties. The irregularity pervaded the entire process, affecting the quality and content of the evidence and causing confusion. As a result, the proceedings were vitiated and the award had to be set aside. The court also dismissed the respondent's objection to the applicant's authority to bring the review, finding it to be a bare and tactical...

Court Disposition

The application for review is granted; the arbitration award is set aside and the matter is referred back for fresh arbitration before a different Commissioner. Costs are awarded against the first respondent.

Orders

  • The application for review is granted.
  • The arbitration award is reviewed and set aside.