National Union of Metal Workers of South Africa (NUMSA) obo Kalipa v National Bargaining Council for the Chemical Industry and Others (P 05/09) [2012] ZALCPE 6 (12 June 2012)

Brief Summary

Labour Law — Review of arbitration award — Dismissal for want of prosecution — Applicant sought variation of judgment on grounds that certain paragraphs did not accurately reflect the facts presented — Court held that the dismissal of the review application was justified due to the applicant's failure to prosecute the matter effectively.

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[2012] ZALCPE 6
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National Union of Metal Workers of South Africa (NUMSA) obo Kalipa v National Bargaining Council for the Chemical Industry and Others (P 05/09) [2012] ZALCPE 6 (12 June 2012)

Reportable
REPUBLIC
OF
SOUTH
AFRICA
THE
LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH
JUDGMENT
Case no: P 05/09
In the matter between:
NATIONAL UNION OF
METALWORKERS OF
SOUTH AFRICA (NUMSA)
obo M KALIPA
…..........................................................
Applicant
and
THE NATIONAL
BARGAINING COUNCIL
FOR THE CHEMICAL
INDUSTRY
…............................................................
First
Respondent
M Le KOORTS N.O
…..............................................................................
Second
Respondent
SHATTERPRUFE (PTY) LTD
…..................................................................
Third
Respondent
Heard: 08 November
2011
Delivered: 12 June
2012
Summary: Dismissal of
review for want of prosecution.
JUDGMENT VARIATION
MOLAHLEHI J
Introduction
The attorney of record
for the applicant has subsequent to the delivery of judgment in this
matter applied to have the judgment
in this matter applied to have
the judgment varied with respect to paragraphs 3, 4, 5,7,13 and 24
of the judgment. the complainant
is essentially that the facts in
those paragraphs are not a true reflection of the facts as were
presented to the court.
__________________
Molahlehi J
Judge of the Labour Court
of South Africa
APPEARANCES:
FOR THE APPLICANT: ADV. R
B Wade SC
Instructed by:Wilson
McWilliams Inc.
FOR THE RESPONDENTS:
Minnaar Niehaus
Instructed by:Minnaar
Niehaus