LAC summary: Rescission of an arbitration award in terms of section 144 of the LRA – Established principle that good cause is an element for consideration in such applications– commissioner ought to consider the reasonableness of the explanation and whether applicant had a prima facie defence. Commissioner narrowly interpreting section 144 and failing to consider good cause- Labour Court upholding rescission ruling.
Lavangee v National Bargaining Council For The Chemical Indusrty and Others (DA13/12) [2014] ZALAC 20 (30 May 2014)
Appeal allowed and Labour Court judgment set aside. Arbitration award rescinded.
Introduction
[1] This is an appeal against the judgment and order of the Labour Court (Gush J) in which the appellant’s application to review and set aside a rescission ruling by the second respondent was dismissed with costs. The appellant is in this Court with leave obtained pursuant to a petition to the Judge President having failed to obtain leave from the Labour Court.
Background
[2] The appellant was dismissed by the third respondent on allegations of misconduct on 2 August 2010. He referred a dispute of unfair dismissal to the first respondent (the Bargaining Council). A conciliation hearing was scheduled for 21 September 2010. The third respondent did not attend. The reason for the third respondent’s failure to attend was, strangely, that it was not interested in the conciliation of the dispute. Since the dispute could not be conciliated because of the attitude adopted by the third respondent, it remained unresolved.