St Michaels Spar and Others v SACCAWU obo Nyapholi (J653/15) [2017] ZALCJHB 263 (6 July 2017)

St Michaels Spar and Others v SACCAWU obo Nyapholi (J653/15) [2017] ZALCJHB 263 (6 July 2017)

The court found that the applicants, through their representative Mr Christodoulou, became aware of the court order on 2 December 2016. In terms of rule 16A(2)(b), the rescission application should have been delivered within 15 days of acquiring such knowledge. The application was only delivered in April 2017, more than four months later, without any condonation application. The court held that a period of more than four months cannot be considered reasonable, especially in light of the LRA's emphasis on speedy resolution of labour disputes. The absence of a condonation application rendered the rescission application fatally defective. Accordingly, the application for rescission was...

Citation
[2017] ZALCJHB 263
Parties
Applicant: St Michaels Spar; Applicant: Andrew Christodoulou; Applicant: Sophia Charalamous; Applicant: Vasilios Michaelides; Applicant: Sotiris Michaelides; Applicant: Christodoulous Michaelides; Respondent: SACCAWU obo Nyapholi Thandi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 July 2017
Case Number
J653/15
Procedural Posture
Rescission Application / Judgment on Application to Rescind a Court Order Making Arbitration Award an Order of Court
Outcome
Rescission application dismissed.
Judges
Mabaso
Legal Topics
Rescission of Order, Service of Process, Unfair Dismissal, Condonation, Time Limits for Applications
Labour Law Civil Procedure Rescission of Order Service of Process Unfair Dismissal Condonation Time Limits for Applications

Case Brief

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Parties

St Michaels Spar

Applicant

Andrew Christodoulou

Applicant

Sophia Charalamous

Applicant

Vasilios Michaelides

Applicant

Sotiris Michaelides

Applicant

Christodoulous Michaelides

Applicant

SACCAWU obo Nyapholi Thandi

Respondent

Procedural Posture

Rescission Application / Judgment on Application to Rescind a Court Order Making Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the rescission application was brought within the prescribed or reasonable time period under the Labour Court Rules and LRA.
  2. 2 Whether the applicants were properly served with the section 158(1)(c) application and notice of set down.
  3. 3 Whether the court order was erroneously sought or granted in the absence of the affected party.

Ratio Decidendi

The court found that the applicants, through their representative Mr Christodoulou, became aware of the court order on 2 December 2016. In terms of rule 16A(2)(b), the rescission application should have been delivered within 15 days of acquiring such knowledge. The application was only delivered in April 2017, more than four months later, without any condonation application. The court held that a period of more than four months cannot be considered reasonable, especially in light of the LRA's emphasis on speedy resolution of labour disputes. The absence of a condonation application rendered the rescission application fatally defective. Accordingly, the application for rescission was...

Court Disposition

Rescission application dismissed.

Orders

  • The rescission application is dismissed.
  • There is no order as to costs.