Trustees, National Bioinformatics Network Trust v Jacobs and Others (C249/09) [2009] ZALC 35; [2009] 8 BLLR 833 (LC); (2009) 30 ILJ 2513 (LC) (14 April 2009)

Trustees, National Bioinformatics Network Trust v Jacobs and Others (C249/09) [2009] ZALC 35; [2009] 8 BLLR 833 (LC); (2009) 30 ILJ 2513 (LC) (14 April 2009)

The Labour Court dismissed the urgent application for an interdict restraining the commissioner from continuing with arbitration proceedings. The court held that intervention in uncompleted arbitration is only justified in rare cases of grave injustice, which was not established here. The applicant failed to show a prima facie right to relief, as both parties were equally affected by the absence of legal representation and the commissioner was required to conduct proceedings informally and fairly. The complexity and public interest in the matter did not warrant urgent intervention, and the applicant would have an opportunity to challenge the commissioner's decisions after the arbitration...

Citation
[2009] ZALC 35
Parties
Applicant: Trustees for the time being of the National Bioinformatics Network Trust; Respondent: Daniel Allan Jacobson; Respondent: NR Mazwi N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 April 2009
Case Number
C249/09
Procedural Posture
Urgent Application / Application for Urgent Interim Relief to Stay CCMA Arbitration Pending Review
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Urgent Interdict, Legal Representation in Arbitration, Ccma Rules, Review of Interlocutory Rulings
Labour Law Civil Procedure Urgent Interdict Legal Representation in Arbitration Ccma Rules Review of Interlocutory Rulings

Case Brief

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Parties

Trustees for the time being of the National Bioinformatics Network Trust

Applicant

Daniel Allan Jacobson

Respondent

NR Mazwi N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief to Stay CCMA Arbitration Pending Review

Legal Issues

  1. 1 Whether the Labour Court should grant an urgent interdict restraining the commissioner from continuing with CCMA arbitration pending review of interlocutory rulings.
  2. 2 Whether the refusal of legal representation and recusal by the commissioner justifies intervention before the arbitration is completed.
  3. 3 Whether the applicant has established a prima facie right to the relief sought.

Ratio Decidendi

The Labour Court dismissed the urgent application for an interdict restraining the commissioner from continuing with arbitration proceedings. The court held that intervention in uncompleted arbitration is only justified in rare cases of grave injustice, which was not established here. The applicant failed to show a prima facie right to relief, as both parties were equally affected by the absence of legal representation and the commissioner was required to conduct proceedings informally and fairly. The complexity and public interest in the matter did not warrant urgent intervention, and the applicant would have an opportunity to challenge the commissioner's decisions after the arbitration...

Court Disposition

Application dismissed with costs.

Orders

  • The urgent application is dismissed.
  • The applicant is ordered to pay the costs of the application.