Swaedi v Bhele NO and Others (JR2291/15) [2021] ZALCJHB 367 (21 October 2021)

Swaedi v Bhele NO and Others (JR2291/15) [2021] ZALCJHB 367 (21 October 2021)

The applicant failed to provide a satisfactory explanation for the delay in prosecuting the review application. His claim regarding the unavailability of the arbitration record was demonstrably false, as the record had been filed months prior. The applicant did not comply with Rule 7A and failed to advance proper grounds for review, merely asserting that the award was 'manifestly unfair'. The court held that review applications must be prosecuted with urgency and diligence, and the applicant's inactivity over six years was unacceptable. The third respondent was entitled to finality, and the review application was dismissed.

Citation
[2021] ZALCJHB 367
Parties
Applicant: Bennet Swaedi; Respondent: Commissioner Nomusa Mbhele N.O.; Respondent: National Bargaining Council for the Road Freight & Logistics Industry; Respondent: Imperial Retail Logistics (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 October 2021
Case Number
JR2291/15
Procedural Posture
Review Application / Rule 11 Dismissal Application
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Review of Arbitration Award, Rule 7a Compliance, Practice Manual Urgency, Delay in Prosecution
Labour Law Civil Procedure Review of Arbitration Award Rule 7a Compliance Practice Manual Urgency Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Bennet Swaedi

Applicant

Commissioner Nomusa Mbhele N.O.

Respondent

National Bargaining Council for the Road Freight & Logistics Industry

Respondent

Imperial Retail Logistics (Pty) Ltd

Respondent

Procedural Posture

Review Application / Rule 11 Dismissal Application

Legal Issues

  1. 1 Whether the applicant provided a satisfactory explanation for the delay in prosecuting the review application.
  2. 2 Whether the applicant complied with Rule 7A after the record was filed.
  3. 3 Whether the review application discloses proper grounds for review under section 145 of the LRA.

Ratio Decidendi

The applicant failed to provide a satisfactory explanation for the delay in prosecuting the review application. His claim regarding the unavailability of the arbitration record was demonstrably false, as the record had been filed months prior. The applicant did not comply with Rule 7A and failed to advance proper grounds for review, merely asserting that the award was 'manifestly unfair'. The court held that review applications must be prosecuted with urgency and diligence, and the applicant's inactivity over six years was unacceptable. The third respondent was entitled to finality, and the review application was dismissed.

Court Disposition

Application dismissed.

Orders

  • The review application filed under case number JR 2291/2015 is dismissed.