Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2011] ZALCD 12 (1 January 2011)

Top Turf Group (Pty) Ltd v Shezi and Others (D774/05) [2011] ZALCD 12 (1 January 2011)

The court found that the arbitration award had not prescribed, as the period of prescription was interrupted when the award was made an order of court, and the rescission of that order did not have retrospective effect. On the merits, the court held that there were no reasonable prospects that another court would reach a different conclusion regarding the sufficiency of evidence, identification of the assailants, the approach to reinstatement, and procedural fairness. The grounds of appeal were either unfounded or lacked specificity. Accordingly, leave to appeal was refused.

Citation
[2011] ZALCD 12
Parties
Applicant: Top Turf Group (Pty) Limited; Respondent: Loveday Shezi; Respondent: Dumisani Gift Nlangulela; Respondent: Patrick Sandile Mzindle; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Sullivan, Phillip Lester Nomine Officii Trafalgar Property Management (Pty) Limited; Respondent: Trafalgar Pots and Gardens
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
1 January 2011
Case Number
D774/05
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Ex Tempore Judgment Dismissing Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Cele
Legal Topics
Prescription of Arbitration Award, Review of Arbitration Award, Leave to Appeal, Procedural Fairness, Reinstatement, Derivative Misconduct
Labour Law Civil Procedure Prescription of Arbitration Award Review of Arbitration Award Leave to Appeal Procedural Fairness Reinstatement Derivative Misconduct

Case Brief

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Parties

Top Turf Group (Pty) Limited

Applicant

Loveday Shezi

Respondent

Dumisani Gift Nlangulela

Respondent

Patrick Sandile Mzindle

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Sullivan, Phillip Lester Nomine Officii Trafalgar Property Management (Pty) Limited

Respondent

Trafalgar Pots and Gardens

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Ex Tempore Judgment Dismissing Review Application

Legal Issues

  1. 1 Has the arbitration award prescribed under the relevant statutory period?
  2. 2 Are there reasonable prospects that another court would reach a different conclusion on the merits of the review application?
  3. 3 Did the court err in its findings regarding evidentiary sufficiency, procedural fairness, and reinstatement?

Ratio Decidendi

The court found that the arbitration award had not prescribed, as the period of prescription was interrupted when the award was made an order of court, and the rescission of that order did not have retrospective effect. On the merits, the court held that there were no reasonable prospects that another court would reach a different conclusion regarding the sufficiency of evidence, identification of the assailants, the approach to reinstatement, and procedural fairness. The grounds of appeal were either unfounded or lacked specificity. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is to pay the costs thereof.