Sneller Verbatim/MC
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J112/01
2001-11-08
In the matter between
REBECCA T PHAKATHI Applicant
and
VDO CAR COMMUNICATIONS SA Respondent
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J U D G M E N T
________________________________________________________________
REVELAS J:
1.In this matter an award of the Commission for Conciliation Mediation and
Arbitration had been made in favour of the applicant, Rebecca T
Phakathi. The respondent did not comply with the arbitration award and
an application in terms of section 158(1)(c) was brought by the
applicant to have the arbitration award made an order of court which
application was successful and on 24 February 2001, JAMMY AJ made the
arbitration award an order of Court.
2.The respondent seeks to rescind that order. The Court is entitled to
rescind an order if the order was obtained in the absence of a party
where there was no proper notification to that party. It is quite clear
on the papers that the notice of set down was not served on the
respondent. The respondent party would therefore have no knowledge that
the matter appeared and its remedy is to bring such an application
3.This is also not a case where I can form the view that the respondent party
brought this application solely for the purposes of delay, since it had
filed within the time period prescribed by the Act, an application for
review of the arbitration award.
4.It is argued on behalf of the applicant that there are no prospects of
success in the review application, but, no grounds were advanced why
this is indeed so.
5.The fact that an arbitration award was granted in favour of the party does
not mean that the award is not reviewable.
6.In the circumstances I make an order to the effect that the order made by
JAMMY AJ on 24 February 2001 is rescinded and I make no order as to
costs.
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E. Revelas