Top Car Panelbeaters CC v Dispute Resolution Centre and Others (JR 2614/12) [2013] ZALCJHB 155 (11 July 2013)

Top Car Panelbeaters CC v Dispute Resolution Centre and Others (JR 2614/12) [2013] ZALCJHB 155 (11 July 2013)

The court found that the employer was properly served with the rule 11 application by registered mail and failed to file any affidavit explaining its default or seeking an indulgence to oppose. In the absence of any explanation or opposition, and with the matter set down on the unopposed roll, the court proceeded to hear the application as unopposed. The employees were entitled to the relief sought, namely dismissal of the employer's review application and confirmation of the default arbitration award as an order of court. The employer was also ordered to pay the costs of the application.

Citation
[2013] ZALCJHB 155
Parties
Applicant: Top Car Panelbeaters CC; Respondent: Dispute Resolution Centre; Respondent: Commissioner MC Van Aarde; Respondent: J Van Eck & 3 others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 July 2013
Case Number
JR 2614/12
Procedural Posture
Review Application / Unopposed Motion to Dismiss Review and Make Arbitration Award an Order of Court
Outcome
Application granted. Review application dismissed. Default arbitration award made an order of court. Costs awarded against applicant.
Judges
T J Bruinders
Legal Topics
Unfair Dismissal, Default Award, Review of Arbitration, Rescission Application, Costs Order
Labour Law Unfair Dismissal Default Award Review of Arbitration Rescission Application Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Top Car Panelbeaters CC

Applicant

Dispute Resolution Centre

Respondent

Commissioner MC Van Aarde

Respondent

J Van Eck & 3 others

Respondent

Procedural Posture

Review Application / Unopposed Motion to Dismiss Review and Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the employer's review application should be dismissed for lack of opposition.
  2. 2 Whether the default arbitration award should be made an order of court.
  3. 3 Whether the employer provided a satisfactory explanation for its failure to oppose the rule 11 application.

Ratio Decidendi

The court found that the employer was properly served with the rule 11 application by registered mail and failed to file any affidavit explaining its default or seeking an indulgence to oppose. In the absence of any explanation or opposition, and with the matter set down on the unopposed roll, the court proceeded to hear the application as unopposed. The employees were entitled to the relief sought, namely dismissal of the employer's review application and confirmation of the default arbitration award as an order of court. The employer was also ordered to pay the costs of the application.

Court Disposition

Application granted. Review application dismissed. Default arbitration award made an order of court. Costs awarded against applicant.

Orders

  • The review application filed by applicant on 31 October 2012 is dismissed.
  • The default arbitration award issued on 25 April 2012 under case number MINT 29745A is made an order of court.