South Africa Case Law

R N Griffin Investments (Pty) Limited and Another v Sneech (19101/2014, 19450/2014)

R N Griffin Investments (Pty) Limited and Another v Sneech (19101/2014, 19450/2014) [2016] ZAGPJHC 168 (24 June 2016)

Court

South Gauteng High Court, Johannesburg

Case number

19101/2014, 19450/2014

Judge

Van der Linde

The court made arbitral awards orders of court, rejected a fraud-based counter-application, and held the respondent had not shown admissible new evidence or causative fraud.

• Arbitration Act Section 31
• Arbitration Act Section 33
• Enforcement Of Arbitral Award
• Public Policy Exception
• Fraud In Arbitration
• Costs Punitive Scale

Oosthuysen v Turbo Services Pretoria CC (J 2825/98)

Oosthuysen v Turbo Services Pretoria CC (J 2825/98) [1999] ZALC 75 (14 May 1999)

Court

Labour Court

Case number

J 2825/98

Judge

B Waglay

The court found that the applicant's affidavit was in clear conflict with the evidence he presented at the arbitration, particularly regarding the nature and duration of his employment. Given the contradiction and absence of the respondent at the arbitration, the only reliable evidence before the court was that of the respondent. The court concluded that the applicant deliberately and wilfully made incorrect statements at the arbitration, amounting to fraud. On this basis, and in terms of the Labour Court's inherent jurisdiction, the court rescinded the CCMA arbitration award to allow both pa…

Source excerpt

• Arbitration Award Rescission
• Fraud In Arbitration
• Inherent Jurisdiction
• Employee Vs Independent Contractor