Spanjaard Ltd v Olivier and Others (C77/2006) [2007] ZALC 123 (27 June 2007)

Spanjaard Ltd v Olivier and Others (C77/2006) [2007] ZALC 123 (27 June 2007)

The court held that the commissioner’s reliance on Labour Court authority, specifically Shoprite Checkers (Pty) Ltd v CCMA & Others, was correct in dismissing the applicant’s rescission application. The Labour Relations Act does not require 'good cause' for rescission applications under section 144, and the CCMA commissioners do not possess common law powers to introduce such a requirement. The applicant’s reliance on Foschini Group (Pty) Ltd v CCMA & Others and Northern Province Local Government Association v CCMA & Others was misplaced, as those judgments incorrectly applied the 'good cause' standard. The court found no reasonable prospect that another court would reach a different...

Citation
[2007] ZALC 123
Parties
Applicant: Spanjaard Limited; Respondent: Retief Olivier; Respondent: National Bargaining Council for the Chemical Industry; Respondent: Daphne Gestetner
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 June 2007
Case Number
C77/2006
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Francis
Legal Topics
Rescission Application, Good Cause Requirement, Jurisdiction of Commissioner, Review of Arbitration Award
Labour Law Civil Procedure Rescission Application Good Cause Requirement Jurisdiction of Commissioner Review of Arbitration Award

Case Brief

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Parties

Spanjaard Limited

Applicant

Retief Olivier

Respondent

National Bargaining Council for the Chemical Industry

Respondent

Daphne Gestetner

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the commissioner’s reliance on Labour Court authority in dismissing the rescission application is reviewable.
  2. 2 Whether 'good cause' is a requirement for rescission applications under section 144 of the Labour Relations Act.
  3. 3 Whether the commissioner was obliged to consider jurisdictional objections raised by the applicant in its rescission application.

Ratio Decidendi

The court held that the commissioner’s reliance on Labour Court authority, specifically Shoprite Checkers (Pty) Ltd v CCMA & Others, was correct in dismissing the applicant’s rescission application. The Labour Relations Act does not require 'good cause' for rescission applications under section 144, and the CCMA commissioners do not possess common law powers to introduce such a requirement. The applicant’s reliance on Foschini Group (Pty) Ltd v CCMA & Others and Northern Province Local Government Association v CCMA & Others was misplaced, as those judgments incorrectly applied the 'good cause' standard. The court found no reasonable prospect that another court would reach a different...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.