Professional Transport Workers Union v Malema (JA67/12) [2014] ZALAC 53  [2016] JOL 35710 (LAC) (7 October 2014):

per Tlaletsi DJP [Ndlovu JA and Coppin AJA concurring]

Rescission review:

Appeal allowed and rescission ruling set aside.  Labour Court should have considered the merits.

LAC summary:

Review of a rescission ruling.  Commissioner refusing to grant rescission of arbitration award- commissioner not considering good cause- Good cause an independent ground for rescission in addition to grounds in section 144 of the LRA.  Rescission ruling reviewable.  Labour Court correct in setting aside ruling.  Labour Court not remitting matter for arbitration but considering it.  Labour Court only considering explanation for the delay.

[1] The appellant is appealing against a judgment of the Labour Court ( Molahlehi J) in a review application brought in that court against a ruling made by the third respondent (the Commissioner), in which she dismissed with costs an application for rescission of an award granted in default against the appellant.  The commissioner was acting under the auspices of the second respondent (the CCMA).  The appellant is in this Court with leave of the court pursuant to a petition to this Court, after his application for leave to appeal was dismissed by the Labour Court with no order as to costs.