Transnet Freight Rail v Fransenburg and Others (C848/17) [2019] ZALCCT 21 (2 August 2019)

Transnet Freight Rail v Fransenburg and Others (C848/17) [2019] ZALCCT 21 (2 August 2019)

The court found that the applicant's filing of a supplementary affidavit was both factually and legally an irregular step, as he failed to comply with Rule 7A(6) of the Labour Court Rules and the Practice Manual. The applicant did not file the record of the arbitration proceedings nor seek directions from the Judge President as required when the record is unavailable. The court emphasized the importance of the speedy resolution of labour disputes and directed the parties to meet and attempt to reconstruct the record, including agreeing on the common cause facts. The court declined to award costs, considering the applicant's lay status and the registrar's note not having been considered by...

Citation
[2019] ZALCCT 21
Parties
Applicant: Transnet Freight Rail; Respondent: Neil Fransenburg; Respondent: Ursula Bulbring N.O.; Respondent: Transnet Bargaining Council
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
2 August 2019
Case Number
C848/17
Procedural Posture
Review Application / Application to Declare Supplementary Affidavit an Irregular Step in Review Proceedings
Outcome
The supplementary affidavit is deemed withdrawn. The parties are directed to attempt reconstruction of the record and report to the court for further directives. No order as to costs.
Judges
Rabkin-Naicker
Legal Topics
Review of Arbitration Award, Irregular Step, Record Reconstruction, Practice Manual Compliance
Labour Law Civil Procedure Review of Arbitration Award Irregular Step Record Reconstruction Practice Manual Compliance

Case Brief

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Parties

Transnet Freight Rail

Applicant

Neil Fransenburg

Respondent

Ursula Bulbring N.O.

Respondent

Transnet Bargaining Council

Respondent

Procedural Posture

Review Application / Application to Declare Supplementary Affidavit an Irregular Step in Review Proceedings

Legal Issues

  1. 1 Whether the applicant's supplementary affidavit in the review application constitutes an irregular step under the Labour Court Rules.
  2. 2 Whether the applicant complied with Rule 7A(6) and the Practice Manual regarding the filing and reconstruction of the record.
  3. 3 What procedure should be followed when the record of arbitration proceedings is unavailable.

Ratio Decidendi

The court found that the applicant's filing of a supplementary affidavit was both factually and legally an irregular step, as he failed to comply with Rule 7A(6) of the Labour Court Rules and the Practice Manual. The applicant did not file the record of the arbitration proceedings nor seek directions from the Judge President as required when the record is unavailable. The court emphasized the importance of the speedy resolution of labour disputes and directed the parties to meet and attempt to reconstruct the record, including agreeing on the common cause facts. The court declined to award costs, considering the applicant's lay status and the registrar's note not having been considered by...

Court Disposition

The supplementary affidavit is deemed withdrawn. The parties are directed to attempt reconstruction of the record and report to the court for further directives. No order as to costs.

Orders

  • The supplementary affidavit dated 21 February 2018 is deemed withdrawn.
  • The parties are to meet to attempt to reconstruct the record to the best of their abilities, including as directed in paragraph 6 of the judgment.