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[2003] ZALCJHB 9
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Archibald v Commission for Conciliation Mediation And Arbitration and Others (JR680/02) [2003] ZALCJHB 9 (18 March 2003)
[COMMENT1]
Sneller
Verbatim/JduP
IN THE LABOUR COURT OF
SOUTH AFRICA
BRAAMFONTEIN
CASE
NO: JR680/02
DATE:
2003.03.18
In the matter between
TUBE SEGAETSHO
ARCHIBALD Applicant
and
COMMISSION FOR
CONCILIATION,
MEDIATION AND
ARBITRATION
1
st
Respondent
G.G. SEBOTHA
(COMMISSIONER)
2
nd
Respondent
DEPARTMENT OF PUBLIC
WORKS
3
rd
Respondent
J U
D G M E N T
REVELAS,
J
:
1.
This is an application brought by the applicant for leave to appeal
against a judgment granted
on 12 November 2002, wherein I dismissed
the applicant's application for review.
2.
The main ground of appeal is that the respondents did not appear in
court on the day of the review
application, and I therefore erred in
drawing an inference when I considered the merits of the matter.
3.
It appears that the applicant believes that I was somehow precluded
from considering the record
in his review application, purely because
it was unopposed on the day the matter was argued.
4.
However, a review application is not simply for the asking and is not
simply granted by default
because it is unopposed. The judge must
always consider the merits as the merits may possibly reflect
negatively on reasoning of
the arbitrator in question.
5.
The applicant has not addressed, in his heads of argument, any of the
grounds upon which he seeks
to rely to have the award set aside, or
why I erred in granting the application.
6.
In my view, there is not even a reasonable prospect that another
court would come to a different
conclusion, and in the circumstances
leave to appeal is refused.
___________________
E.
Revelas
[COMMENT1]
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