TRS Southern African Tours CC v Parvess (C779/01) [2001] ZALC 218 (29 November 2001)

TRS Southern African Tours CC v Parvess (C779/01) [2001] ZALC 218 (29 November 2001)

The Labour Court held that the Labour Relations Act does not require that a party's representative from a trade union or employers association must have been a member at the time the dispute arose. The Commissioner's refusal to allow the employer representation by SEESA was a gross irregularity and a fundamental denial of the employer's rights. As a result, the arbitration award was reviewed and set aside, and the matter was remitted to the CCMA for a fresh arbitration before a different Commissioner.

Citation
[2001] ZALC 218
Parties
Applicant: TRS Southern African Tours CC; Respondent: Craig Parvess
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 November 2001
Case Number
C779/01
Procedural Posture
Review Application / Judgment
Outcome
Award reviewed and set aside; matter remitted to CCMA for fresh arbitration before a different Commissioner; costs awarded against the third respondent.
Judges
Landman AA
Legal Topics
Representation at Arbitration, Gross Irregularity, Remittal for Fresh Arbitration
Labour Law Civil Procedure Representation at Arbitration Gross Irregularity Remittal for Fresh Arbitration

Case Brief

Summary, issues, holding and outcome

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Parties

TRS Southern African Tours CC

Applicant

Craig Parvess

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the employer was entitled to representation by an employers association at the CCMA arbitration.
  2. 2 Whether the Commissioner's refusal to allow such representation constituted a gross irregularity justifying review and setting aside of the award.

Ratio Decidendi

The Labour Court held that the Labour Relations Act does not require that a party's representative from a trade union or employers association must have been a member at the time the dispute arose. The Commissioner's refusal to allow the employer representation by SEESA was a gross irregularity and a fundamental denial of the employer's rights. As a result, the arbitration award was reviewed and set aside, and the matter was remitted to the CCMA for a fresh arbitration before a different Commissioner.

Court Disposition

Award reviewed and set aside; matter remitted to CCMA for fresh arbitration before a different Commissioner; costs awarded against the third respondent.

Orders

  • The arbitration award is reviewed and set aside.
  • The matter is remitted to the CCMA for arbitration afresh before a Commissioner other than the second respondent.