Windoor (Pty) Ltd v Loveday and N.O and Others (J1521/98) [1998] ZALC 107 (11 November 1998)

Windoor (Pty) Ltd v Loveday and N.O and Others (J1521/98) [1998] ZALC 107 (11 November 1998)

The court found that the commissioner’s decision that Windoor (Pty) Ltd was the employer of Alan Jason Fittinghoff was supported by the evidence, including the hiring process, salary payments, and dismissal letter. The applicants failed to show any basis for the court to interfere with the commissioner’s finding. The review application was therefore dismissed, and costs were ordered against the applicants. The award issued by the commissioner was made an order of court.

Citation
[1998] ZALC 107
Parties
Applicant: Windoor (Pty) Limited; Applicant: Man Building Supplies CC; Respondent: Loveday, G. B. NO; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Alan Jason Fittinghoff
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 November 1998
Case Number
J1521/98
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed. Costs awarded against the applicants. Arbitration award made an order of court.
Judges
R M M Zondo
Legal Topics
Review of Ccma Award, Employer Identification, Unfair Dismissal, Costs Order
Labour Law Civil Procedure Review of Ccma Award Employer Identification Unfair Dismissal Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Windoor (Pty) Limited

Applicant

Man Building Supplies CC

Applicant

Loveday, G. B. NO

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Alan Jason Fittinghoff

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA commissioner erred in finding that the first applicant was the third respondent's employer.
  2. 2 Whether the arbitration award is reviewable and should be set aside.

Ratio Decidendi

The court found that the commissioner’s decision that Windoor (Pty) Ltd was the employer of Alan Jason Fittinghoff was supported by the evidence, including the hiring process, salary payments, and dismissal letter. The applicants failed to show any basis for the court to interfere with the commissioner’s finding. The review application was therefore dismissed, and costs were ordered against the applicants. The award issued by the commissioner was made an order of court.

Court Disposition

Application dismissed. Costs awarded against the applicants. Arbitration award made an order of court.

Orders

  • The applicants' application is dismissed.
  • The applicants are ordered to pay the respondents' costs jointly and severally, the one paying the other to be absolved.