Labour Law Case Studies
BCAWU obo Lesabane, Alfrida vs Lothlorien Recycling (Pty) Ltd
Aug
Summary of the Case
This matter concerned an application by Lothlorien Recycling (Pty) Ltd to rescind a default award issued after it failed to attend CCMA proceedings.
The matter was heard under case number GAEK5406-26, with the rescission ruling issued by Commissioner Shannel Arikum on 6 August 2026. Lothlorien Recycling was represented by Ms Victoria Ridgard of CVN Attorneys.
Background
The original dispute was set down for an unobjected con/arb on 3 June 2026. Lothlorien Recycling did not attend, and a default award was issued by Commissioner Nokuthula Langa on 7 June 2026.
Lothlorien Recycling applied for rescission on 1 July 2026. Because the application was six days late, it also applied for condonation. The commissioner granted condonation and proceeded to consider the rescission application.
Why Was the Default Award Challenged?
Lothlorien Recycling submitted that its absence was not wilful. Its representative, Mr Sergio Querios, was unavailable because he was on paternity leave.
The company also indicated that it intended to raise a jurisdictional issue concerning whether the CCMA had jurisdiction over the dispute, stating that it belonged to the National Bargaining Council for the Wood and Paper Sector.
The applicant argued that the respondent could have requested a postponement and should have informed the CCMA and the applicant that it would not attend. The applicant also disputed the bargaining council argument.
The Commissioner’s Finding
Commissioner Arikum found that the respondent’s absence due to paternity leave was reasonable, although applying for a postponement would have been preferable.
The commissioner also found that the jurisdictional point still needed to be addressed. There was not enough information before her to make a ruling on jurisdiction at this stage.
The commissioner ultimately found that Lothlorien Recycling was not in wilful default and that it was in the interests of justice to rescind the default award.
Final Ruling
The default award issued on 7 June 2026 was rescinded, and the CCMA was directed to set the matter down for arbitration.
Key Takeaway
The ruling shows that the CCMA accepted the respondent’s explanation for its absence and found that it had not deliberately failed to participate in the proceedings.
The rescission does not determine the underlying dispute or the jurisdictional issue. Instead, the matter will now proceed to arbitration.
See full case details
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Thank you for your comment. If you would like legal advice regarding your problem, please feel free to contact CVN Attorneys so that we can assess your specific circumstances and advise you accordingly.
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My employee doesn’t want to pay since we signed a agreement to pay me on the 20th of October
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My employee doesn’t want to pay me Mr jaco he owes me R10100 since we had an agreement with him at CCMA the he should pay me on the 20th of October.
Thank you for your comment. If you need legal assistance regarding your matter, please feel free to contact CVN Attorneys. Our team can assess your specific circumstances and advise you on the appropriate steps to take.
https://cvninc.co.za/contact-us/