South African Police Service v Naidoo (D673/09) [2015] ZALCD 38 (26 June 2015) per M Naidoo AJ.

Summary: Application to review and set aside arbitration award.  Award issued subsequent to a ruling by the Arbitrator barring applicant from defending the dismissal dispute.  Ruling of bar based on application of SSSBC dispute procedure collective agreement and on interpretations of various prior rulings.  Application of amendments to laws regulating dispute resolution procedures to pending disputes considered.   Procedural amendments to SSSBC dispute procedure collective agreement applicable from effective date amendments came into force, even if dispute referred prior to effective date.  Arbitrator applied provisions of incorrect dispute procedure collective agreement.  Applicable dispute procedure collective agreement did not require the applicant to file a statement of defence.   Arbitrator lacked power to issue a ruling barring the applicant from defending the matter.  No prior ruling was made denying applicant condonation for the late filing of its statement of defence.  Arbitrator applied incorrect collective agreement, exceeded powers emanating from the applicable collective agreement by barring the applicant from defending the matter, misinterpreted prior rulings and the effect of prior rulings on the applicant’s status to defend the matter.  Arbitration award reviewed and set aside and remitted to the third respondent to be determined on the merits de novo.