Tladi v CCMA (JR837/15) [2020] ZALCJHB 65 (13 March 2020)

Tladi v CCMA (JR837/15) [2020] ZALCJHB 65 (13 March 2020)

The Court found that although the delay in filing the record was lengthy and the explanation not particularly strong, the applicant had not abandoned her application and the delay was plausibly caused by financial hardship following dismissal. The interests of justice standard required consideration of the prospects of success, which were found to be very good due to clear misconduct by the arbitrator, who pressured the applicant to withdraw and prejudged the case. The arbitrator's conduct compromised impartiality and integrity, warranting the setting aside of the award and a de novo hearing before a different commissioner. The application for reinstatement was granted, the Rule 11...

Citation
[2020] ZALCJHB 65
Parties
Applicant: Nohayaze Angelina Tladi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner: Tsiliso Shasha N.O.; Respondent: Local Government Sector Education Training Authority
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2020
Case Number
JR837/15
Procedural Posture
Review Application / Judgment on Reinstatement, Rule 11 Dismissal, and Review
Outcome
Application for reinstatement granted; review application reinstated; arbitration award set aside; dispute remitted for de novo hearing; no order as to costs.
Judges
Nieuwoudt
Legal Topics
Condonation, Review of Arbitration Award, Practice Manual Compliance, Arbitrator Misconduct, De Novo Hearing
Labour Law Civil Procedure Condonation Review of Arbitration Award Practice Manual Compliance Arbitrator Misconduct De Novo Hearing

Case Brief

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Parties

Nohayaze Angelina Tladi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner: Tsiliso Shasha N.O.

Respondent

Local Government Sector Education Training Authority

Respondent

Procedural Posture

Review Application / Judgment on Reinstatement, Rule 11 Dismissal, and Review

Legal Issues

  1. 1 Whether the applicant's review application should be reinstated after deemed withdrawal due to late filing of the record.
  2. 2 Whether the delay in filing the record is excusable and condonable under the interests of justice standard.
  3. 3 Whether the arbitration award should be reviewed and set aside due to misconduct by the arbitrator.

Ratio Decidendi

The Court found that although the delay in filing the record was lengthy and the explanation not particularly strong, the applicant had not abandoned her application and the delay was plausibly caused by financial hardship following dismissal. The interests of justice standard required consideration of the prospects of success, which were found to be very good due to clear misconduct by the arbitrator, who pressured the applicant to withdraw and prejudged the case. The arbitrator's conduct compromised impartiality and integrity, warranting the setting aside of the award and a de novo hearing before a different commissioner. The application for reinstatement was granted, the Rule 11...

Court Disposition

Application for reinstatement granted; review application reinstated; arbitration award set aside; dispute remitted for de novo hearing; no order as to costs.

Orders

  • The application to retrieve the review application is granted.
  • The application to dismiss the review application is dismissed.