Macaskill v State Information Technology Agency (Pty) Ltd and Others

An arbitration award issued on 22 November 2019 found that the dismissal of Alexander Stanley Macaskill by the State Information Technology Agency (Pty) Ltd (SITA) was unfair and ordered compensation. SITA launched a review application under section 145 of the Labour Relations Act 66 of 1995 on 10 February 2020. The Labour Court Registrar advised that the record was available on 28 February 2020, triggering a 60-day period under clause 11.2.3 of the Labour Court Practice Manual to file the record. SITA failed to do so by the expiry of the period in April 2020, with the result that the review application was deemed withdrawn. Macaskill then launched a Rule 11 application seeking dismissal of the review for undue delay and also applied under section 158(1)(c) of the LRA to have the arbitration award made an order of court.

The Rule 11 application to dismiss the review was dismissed for want of jurisdiction; the application under section 158(1)(c) of the LRA to make the arbitration award an order of court was refused; no order as to costs was made.

The judgment clarifies Labour Court jurisprudence on deemed-withdrawn review applications, affirming that the Court lacks jurisdiction to dismiss a review that no longer exists unless it is reinstated. It rejects the approach of granting declaratory relief merely to confirm the operation of the Practice Manual, emphasizing that courts should not restate clear legal positions. The case also underscores the discretionary nature of section 158(1)(c) relief and the need to balance finality in labour disputes with access to justice.