Download PDF

South Africa Judgment

Labour Court Johannesburg

Utility Economics CC v Commission for Conciliation Mediation and Arbitration and Others (JR2531/10) [2013] ZALCJHB 103 (21 May 2013)

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The employer failed to prosecute its review application for over two years and provided no explanation for the delay. The employee complied with all procedural requirements and suffered prejudice due to the employer's inaction. The court found that the delay was excessive and unjustified, warranting dismissal of the review application. The arbitration award was made an order of court to ensure enforcement. Costs were awarded against the employer because the employee was forced to incur further legal expenses due to the employer's failure to act, contrary to the expeditious and inexpensive nature of CCMA proceedings.

Court disposition

Review application dismissed; arbitration award made an order of court; costs awarded against applicant.

Orders

  • The applicant’s review application is dismissed.
  • The award of the second respondent under case number GAJB 11690-10 is made an order of court.
  • The applicant is ordered to pay the costs of this application.

02

Material facts

Parties

Utility Economics CC

Applicant Counsel: Angelo Pantazis

CCMA

Respondent

Commissioner Thulani Akim

Respondent

Elwen, Sylvia

Respondent

03

Procedural history

  1. Posture

    Review Application / Application to Dismiss Review and Make Arbitration Award an Order of Court

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant did not file any opposition to the application to dismiss the review or to make the arbitration award an order of court. No explanation was provided for the two-year delay in prosecuting the review application.
Respondent
The respondent argued that the employer failed to pursue the review application for over two years, causing prejudice to the employee who had been reinstated by the arbitration award. The respondent fulfilled all obligations and sought dismissal of the review and enforcement of the award, as well as costs due to unnecessary legal expenses incurred.

05

Court’s reasoning

  1. 01

    Labour Relations Act, 66 of 1995

    A party seeking to review an arbitration award must prosecute the review application expeditiously and without undue delay.

  2. 02

    Rule 7A(8) of the Labour Court Rules

    Where a party fails to advance its case and causes prejudice to the opposing party, the court may dismiss the application and make the arbitration award an order of court.

  3. 03

    Labour Court discretion

    Costs may be awarded against a party whose conduct necessitates unnecessary litigation and expense for the opposing party.

06

Ratio, limits and disposition

Ratio decidendi

The employer failed to prosecute its review application for over two years and provided no explanation for the delay. The employee complied with all procedural requirements and suffered prejudice due to the employer's inaction. The court found that the delay was excessive and unjustified, warranting dismissal of the review application. The arbitration award was made an order of court to ensure enforcement. Costs were awarded against the employer because the employee was forced to incur further legal expenses due to the employer's failure to act, contrary to the expeditious and inexpensive nature of CCMA proceedings.

Obiter and limits

  • The CCMA process is intended to be expeditious and cost-effective, and parties should not frustrate this purpose by failing to prosecute their cases.
  • Even in the absence of opposition, the court will not condone excessive delay that prejudices the other party.

Court disposition

Review application dismissed; arbitration award made an order of court; costs awarded against applicant.

  • The applicant’s review application is dismissed.
  • The award of the second respondent under case number GAJB 11690-10 is made an order of court.
  • The applicant is ordered to pay the costs of this application.

Source and reliance status

Labour Court Johannesburg

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Judgment

[2013] ZALCJHB 103

JR2531/10/ev 1 JUDGMENT

IN THE LABOUR COURT OF SOUTH AFRICA

HELD AT JOHANNESBURG

CASE NO: JR2531/10

DATE: 2013-05-21

In the matter between

UTILITY ECONOMICS CC .................................................................................Applicant

and

CCMA ......................................................................................................First respondent

COMMISSIONER

THULANI AKIM .....................................................Second repondent

ELWEN,

SYLVIA ...................................................................................Third respondent

_____________

EX TEMPORE JUDGMENT

STEENKAMP, J:

This is a twofold application: firstly, to dismiss an application for review instituted by the employer, Utility Economics CC, in October 2010; and secondly, to make an arbitration award of 8 September 2010 by the second respondent (the commissioner) under the auspices of the first respondent (the CCMA) an order of court.

The arbitration award was handed down on 8 September 2010. The employer (the applicant in the review application), represented by Maharaj attorneys, delivered a review application on 4 October 2010.

The employer delivered the record on 28 February 2011. It filed its notice in terms of Rule 7A(8) more than two years ago, on 10 March 2011. The employee, within the requisite time period, on 24 March 2011, delivered her answering affidavit. For the ensuing two years the employer party has done nothing to pursue the arbitration award. The delay is clearly excessive. The employer has offered no explanation for that delay which has led to clear prejudice to the employee who has been reinstated in terms of the arbitration award.

The employee has fulfilled all of her obligations to pursue the review application. The employer has not done so. In those circumstances there is no doubt in my mind that the review application should be dismissed and that the arbitration award should be made an order of court.

With regard to costs, even though the employer has not opposed this application, it should not have been necessary for the employee over a period of two years to incur further legal costs after she pursued her remedies in the CCMA -- which are supposed to be expeditious and cheap -- because the employer has not fulfilled its obligations. I therefore grant an order in the following terms:

The applicant’s review application is dismissed.

The award of the second respondent under case number GAJB 11690-10 is made an order of court.

The applicant is ordered to pay the costs of this application.

________

STEENKAMP J

APPEARANCES

APPLICANT: Angelo Pantazis

Instructed by Brian Bleazard attorneys.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Relations Act, 66 of 1995

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.