Technikon Pretoria (now TUT) v Nel NO and Others (J1832/2002; J1987/2009) [2016] ZALCJHB 453 (2 March 2016)

Technikon Pretoria (now TUT) v Nel NO and Others (J1832/2002; J1987/2009) [2016] ZALCJHB 453 (2 March 2016)

The court found that the applicant did not have reasonable prospects of success on appeal. The review judgment correctly applied the standard of unreasonableness to the commissioner’s refusal to grant condonation and rescission. The commissioner failed to consider relevant facts, including the applicant’s explanations for non-attendance and prospects of success, rendering his rulings unreasonable and reviewable. However, the matter involved no novel points of law and further appeal would only delay resolution. Accordingly, the application for leave to appeal was dismissed, and costs were awarded against the applicant.

Citation
[2016] ZALCJHB 453
Parties
Applicant: Technikon Pretoria (now TUT); Respondent: EP Nel N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Z Gordon-Fatagodien
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 March 2016
Case Number
J1832/2002; J1987/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for leave to appeal dismissed with costs.
Judges
Van Niekerk
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Rescission of Default Award, Leave to Appeal, Unreasonableness Standard
Labour Law Civil Procedure Review of Arbitration Award Condonation for Late Filing Rescission of Default Award Leave to Appeal Unreasonableness Standard

Case Brief

Summary, issues, holding and outcome

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Parties

Technikon Pretoria (now TUT)

Applicant

EP Nel N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Z Gordon-Fatagodien

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the review judgment.
  2. 2 Whether the commissioner’s refusal to grant condonation for late delivery of the rescission application was unreasonable.
  3. 3 Whether the commissioner’s refusal to rescind the default arbitration award was unreasonable.

Ratio Decidendi

The court found that the applicant did not have reasonable prospects of success on appeal. The review judgment correctly applied the standard of unreasonableness to the commissioner’s refusal to grant condonation and rescission. The commissioner failed to consider relevant facts, including the applicant’s explanations for non-attendance and prospects of success, rendering his rulings unreasonable and reviewable. However, the matter involved no novel points of law and further appeal would only delay resolution. Accordingly, the application for leave to appeal was dismissed, and costs were awarded against the applicant.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

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