Maseko v Matsanjeni Future Factory (266/2018) [2018] SZIC 125 (13 November 2018);

IN THE INDUSTRIAL COURT OF ESWATINI

JUDGMENT

                                                                                 Case No.  266/18

 

In the matter between:

 

ALBERT KHEKHE MASEKO                                            Applicant

And

MATSANJENI FUTURE FACTORY (PTY) LTD             Respondent

 

Neutral citation:  Albert Khekhe Maseko v Matsanjeni Future Factory (266/18) [2018] SZIC 125 (13 November 2018)

 

Coram:               S. NSIBANDE JP

(Sitting with N.R. Manana and M.P. Dlamini Nominated Members of the Court)

 

Date Heard:       30 October 2018

Date Delivered:  13 November 2018

 

 

JUDGMENT

 

[1]   The Applicant has filed an application that the unresolved dispute between himself and the Respondent currently pending before this Court be referred to arbitration by the Conciliation Mediation and Arbitration Commission (the Commission).

 

[2]   The application for referral was first set for 25th October 2018 on which date the Respondent failed to appear.  The application had been served on the Respondent’s attorneys of record. The matter was postponed to the 30th October 2018 and the Applicant’s representative undertook to serve a notice of set down at the offices of the Respondent’s attorneys of record.  When the matter was called on 30 October 2018 the Respondent did not appear despite having had the notice of set down served on its attorneys of record on 25th October 2018. 

 

[3]   Furthermore the Respondent has not filed any papers opposing the application for referral of the unresolved dispute to arbitration.  In the circumstances therefore, I take it that the application is not opposed.

 

[4]   Being an unopposed application and having considered that the issues for determination are not so complex as to require determination by the Court, I come to the conclusion that this matter be referred to arbitration under the auspices of CMAC. 

 

 

 

 

 

 

S. NSIBANDE

PRESIDENT OF THE INDUSTRIAL COURT

 

 

For Applicant:                 Mr. E.B. Dlamini          

 

For Respondent:             No appearance