Arends v SALGBC (PA6/13) [2014] ZALAC 69 ; [2015] 1 BLLR 23; (2015) 36 ILJ 1200 (LAC) (6 November 2014) per Murphy AJA.

LAC summary:

Review of jurisdictional ruling- parties agreeing to proceed without leading of any evidence or agreed statement of case – Such failure unacceptable.  – jurisdictional issue raised in one party’s heads of argument- arbitrator ruling on jurisdiction without affording the other party opportunity to reply- such conduct irregular- arbitrator committing a reviewable irregularity.

Coram:  Waglay JP, Dlodlo and Murphy AAJA

Heard:  28 August 2014     Delivered:        06 November 2014

Appeal allowed and Labour Court order and award set aside.

[1] This is an appeal against a decision of the Labour Court (Moshoana AJ) in which, it dismissed an application by the appellants to review and set aside a decision of the second respondent (“the arbitrator”) in which he declined on jurisdictional grounds to arbitrate a dispute referred to the first respondent, the South African Local Government Bargaining Council (“the SALGBC”).