Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19) [2025] ZALCJHB 73 (26 February 2025)

Lesira Manufacturing (Pty) Ltd v Schulz and Others (JR409/2021; J2156/19) [2025] ZALCJHB 73 (26 February 2025)

The court found that the applicant's review/counter application under J2156/19 was validly withdrawn, as the notice of withdrawal was filed with the Registrar and confirmed in the applicant's own affidavit. Even if not withdrawn, the application would have lapsed under the Labour Court Practice Manual due to delay. The condonation application for late filing of the review under JR409/21 was dismissed because the applicant failed to provide a reasonable explanation for the delay and had no prospects of success. The grounds for review—misconduct, gross irregularity, and improper procurement—were found to be without merit, as they related to the merits of the arbitrator's decision and not to...

Citation
[2025] ZALCJHB 73
Parties
Applicant: Lesira Manufacturing (Pty) Ltd; Respondent: K G Schulz; Respondent: Commissioner L M Motsho SC; Respondent: Arbitration Foundation of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 February 2025
Case Number
JR409/2021; J2156/19
Procedural Posture
Review Application / Judgment After Consolidation of Review and Application to Make Arbitration Award an Order of Court
Outcome
The applicant's review/counter application was declared lapsed; condonation for late filing of the review was refused; the arbitration award was made an order of court; costs were awarded against the applicant.
Judges
N L Dandadzi
Legal Topics
Private Arbitration Review, Condonation, Arbitration Award Enforcement, Gross Irregularity, Costs Order
Labour Law Civil Procedure Private Arbitration Review Condonation Arbitration Award Enforcement Gross Irregularity Costs Order

Case Brief

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Parties

Lesira Manufacturing (Pty) Ltd

Applicant

K G Schulz

Respondent

Commissioner L M Motsho SC

Respondent

Arbitration Foundation of South Africa

Respondent

Procedural Posture

Review Application / Judgment After Consolidation of Review and Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the applicant's review/counter application under case number J2156/19 was validly withdrawn and/or lapsed.
  2. 2 Whether condonation should be granted for the late filing of the applicant's review application under case number JR409/21.
  3. 3 Whether the grounds for review of the private arbitration award meet the threshold under section 33 of the Arbitration Act.

Ratio Decidendi

The court found that the applicant's review/counter application under J2156/19 was validly withdrawn, as the notice of withdrawal was filed with the Registrar and confirmed in the applicant's own affidavit. Even if not withdrawn, the application would have lapsed under the Labour Court Practice Manual due to delay. The condonation application for late filing of the review under JR409/21 was dismissed because the applicant failed to provide a reasonable explanation for the delay and had no prospects of success. The grounds for review—misconduct, gross irregularity, and improper procurement—were found to be without merit, as they related to the merits of the arbitrator's decision and not to...

Court Disposition

The applicant's review/counter application was declared lapsed; condonation for late filing of the review was refused; the arbitration award was made an order of court; costs were awarded against the applicant.

Orders

  • The applicant’s Review/Counter Application under case number J2156/29 is archived and declared as lapsed.
  • The applicant’s application for condonation for late filing of the review application under case number JR409/21 is dismissed.