The LAC allowed the appeal and set aside the order of the labour court (Naidoo AJ) as well  as an arbitral ruling declining to rescind an award.  There was a issue about representation during the arbitration but the employer was not in wilful default and good cause existed for rescinding the award.

Pack n Stack v Khawula NO (DA05/15) [2016] ZALAC 31 (28 June 2016) per CJ Musi JA (Ndlovu and Sutherland JJA concurring)

LAC summary:

Review of a rescission ruling – employer and its witnesses attending arbitration proceedings – commissioner finding that the person representing employer not having locus standi to do so – commissioner proceeding with arbitration in employer’s absence – employer applying for rescission of award – commissioner dismissing rescission application.  Commissioner ought to have found explanation for the default bona fides – that presence of employer’s witnesses indicative that the defence was not abandoned – employer having intention to defend the matter but not for the incompetence of its representative.  Employer not in wilful default.  Appeal upheld – rescission ruling set aside and arbitration award rescinded.