Washington and Others v AMT Placement Services and Others (JR1395/15) [2017] ZALCJHB 506 (25 October 2017)

Washington and Others v AMT Placement Services and Others (JR1395/15) [2017] ZALCJHB 506 (25 October 2017)

The court found that the notice of set down was properly served and successfully transmitted to the applicants' attorneys on 25 August 2016. The technical issue with the fax line had been resolved by that date, and the failure to read the incoming correspondence was not a technical problem but an oversight. There was no irregularity in the proceedings, and no facts existed at the time of the order that the court was unaware of which would have affected its decision. The applicants did not meet the requirements for rescission under Rule 16A(1)(a)(i), as the order was not erroneously granted in their absence. The application for rescission was therefore dismissed.

Citation
[2017] ZALCJHB 506
Parties
Applicant: Modiba Motlatjo Washington and Others; Respondent: AMT Placement Services; Respondent: Metal and Engineering Bargaining Council; Respondent: Itumeleng Williams
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 October 2017
Case Number
JR1395/15
Procedural Posture
Rescission Application / Application for Rescission of Labour Court Order Following Dismissal of Review Application
Outcome
Rescission application dismissed; no order as to costs.
Judges
Molebaloa
Legal Topics
Rescission of Judgment, Labour Court Rules, Service of Process, Default Judgment
Labour Law Civil Procedure Rescission of Judgment Labour Court Rules Service of Process Default Judgment

Case Brief

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Parties

Modiba Motlatjo Washington and Others

Applicant

AMT Placement Services

Respondent

Metal and Engineering Bargaining Council

Respondent

Itumeleng Williams

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Labour Court Order Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the Labour Court order dismissing the applicants' review application was erroneously granted in their absence.
  2. 2 Whether the applicants satisfied the requirements for rescission under Rule 16A(1)(a)(i) of the Labour Court Rules.
  3. 3 Whether proper service of the notice of set down was effected on the applicants' attorneys.

Ratio Decidendi

The court found that the notice of set down was properly served and successfully transmitted to the applicants' attorneys on 25 August 2016. The technical issue with the fax line had been resolved by that date, and the failure to read the incoming correspondence was not a technical problem but an oversight. There was no irregularity in the proceedings, and no facts existed at the time of the order that the court was unaware of which would have affected its decision. The applicants did not meet the requirements for rescission under Rule 16A(1)(a)(i), as the order was not erroneously granted in their absence. The application for rescission was therefore dismissed.

Court Disposition

Rescission application dismissed; no order as to costs.

Orders

  • The rescission application is dismissed.
  • There is no order as to costs.