Teba Bank v Matobane and Others (JR1480/01, J5358/01) [2008] ZALCJHB 75 (18 April 2008)

Teba Bank v Matobane and Others (JR1480/01, J5358/01) [2008] ZALCJHB 75 (18 April 2008)

The Court held that it cannot rescind an order made in terms of section 158(1)(c) of the LRA after a final order dismissing the review application has been granted. The applicant failed to appeal or review the dismissal order, and thus the order stands. 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 the application to consider the review were ill-founded and should not have been brought before the Court. The matter has been unduly prolonged, depriving Mmope of the benefit of the arbitration award.

Citation
[2008] ZALCJHB 75
Parties
Applicant: Teba Bank; Respondent: Commissioner A Matobane; Respondent: The Commissioner for Conciliation, Mediation and Arbitration; Respondent: R Mmope
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 April 2008
Case Number
JR1480/01, J5358/01
Procedural Posture
Review Application / Final Judgment on Rescission and Review Applications
Outcome
Both the rescission application and the application to consider the review are dismissed. Costs are awarded against the applicant.
Judges
AC Basson
Legal Topics
Rescission of Order, Review of Arbitration Award, Condonation, Jurisdiction of Labour Court, Section 158 1 C Lra
Labour Law Civil Procedure Rescission of Order Review of Arbitration Award Condonation Jurisdiction of Labour Court Section 158 1 C Lra

Case Brief

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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 made in terms of section 158(1)(c) of the LRA after a final order dismissing the review application has been granted.
  2. 2 Whether the rescission application was brought within a reasonable time and whether condonation for late filing should be granted.
  3. 3 Whether the review application can be heard after it has already been dismissed by the Court.

Ratio Decidendi

The Court held that it cannot rescind an order made in terms of section 158(1)(c) of the LRA after a final order dismissing the review application has been granted. The applicant failed to appeal or review the dismissal order, and thus the order stands. 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 the application to consider the review were ill-founded and should not have been brought before the Court. The matter has been unduly prolonged, depriving Mmope of the benefit of the arbitration award.

Court Disposition

Both the rescission application and the application to consider the review are dismissed. Costs are 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.