Senator International Logistics (Pty) Ltd v Raphela NO and Others (JR1146/15)
Senator International Logistics (Pty) Ltd v Raphela NO and Others (JR1146/15) [2018] ZALCJHB 68 (22 February 2018)
The commissioner failed to apply the correct test for rescission under section 144 of the LRA, as interpreted by the Labour Appeal Court. He did not properly consider whether the applicant had a bona fide defence or reasonable prospects of success, focusing only on the explanation for default. Although the applicant's explanation for non-attendance was unreasonable, the court found that the applicant had reasonable prospects of success in the arbitration. In the interests of fairness, the rescission ruling was set aside and substituted with an order rescinding the default award and directing…
Source excerpt
- Rescission Of Arbitration Award
- Good Cause Test
- Unfair Dismissal
- Condonation
- Default Judgment