Teba Bank v Matobane and Others (JR1480/01) [2008] ZALC 214 (18 April 2008)

Teba Bank v Matobane and Others (JR1480/01) [2008] ZALC 214 (18 April 2008)

The Labour Court held that it does not have jurisdiction to rescind the section 158(1)(c) order in circumstances where the review application has already been dismissed and the applicant elected not to pursue an appeal. The rescission application was brought approximately two and a half years after the order was made, with no explanation for the delay and no condonation sought. Both the rescission and review applications were found to be ill-founded and constituted an abuse of process, resulting in further prejudice to the third respondent, who had been deprived of the benefits of the arbitration award for years.

Citation
[2008] ZALC 214
Parties
Applicant: Teba Bank; Respondent: Commissioner A Matobane; Respondent: The Commissioner for Conciliation, Mediation and Arbitration; Respondent: R Mmope
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
18 April 2008
Case Number
JR1480/01
Procedural Posture
Review Application / Final Judgment on Rescission and Review Applications
Outcome
Both the rescission application and the application to consider the review application are dismissed with costs awarded against the applicant.
Judges
AC Basson
Legal Topics
Rescission of Order, Review of Arbitration Award, Condonation for Late Filing, Jurisdiction of Labour Court
Labour Law Civil Procedure Rescission of Order Review of Arbitration Award Condonation for Late Filing Jurisdiction of Labour Court

Case Brief

Summary, issues, holding and outcome

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Parties

Teba Bank

Applicant

Commissioner A Matobane

Respondent

The Commissioner for Conciliation, Mediation and Arbitration

Respondent

R Mmope

Respondent

Procedural Posture

Review Application / Final Judgment on Rescission and Review Applications

Legal Issues

  1. 1 Whether the Labour Court can rescind an order granted in terms of section 158(1)(c) of the LRA after the review application has already been dismissed.
  2. 2 Whether the rescission application was brought within a reasonable time and whether condonation for late filing was sought.
  3. 3 Whether the Labour Court has jurisdiction to reconsider the review application after it was dismissed.

Ratio Decidendi

The Labour Court held that it does not have jurisdiction to rescind the section 158(1)(c) order in circumstances where the review application has already been dismissed and the applicant elected not to pursue an appeal. The rescission application was brought approximately two and a half years after the order was made, with no explanation for the delay and no condonation sought. Both the rescission and review applications were found to be ill-founded and constituted an abuse of process, resulting in further prejudice to the third respondent, who had been deprived of the benefits of the arbitration award for years.

Court Disposition

Both the rescission application and the application to consider the review application are dismissed with costs awarded against the applicant.

Orders

  • The rescission application under case number J5358/01 is dismissed.
  • The application to consider the review application under case number JR1480/01 is dismissed.