Bhal v LA Lucia Sands (D223/98) [1998] ZALC 68 (16 September 1998)

Bhal v LA Lucia Sands (D223/98) [1998] ZALC 68 (16 September 1998)

The court found that the respondent failed to comply with the arbitration award, as the applicant's tender of services was not accepted and no unequivocal tender or payment of back-pay was made. The respondent did not contest the applicant's detailed allegations regarding the refusal of reinstatement and the circumstances surrounding the purported resignation. The court held that, in the absence of compliance with the award, its discretion should be exercised in favour of the applicant by making the arbitration award an order of court.

Citation
[1998] ZALC 68
Parties
Applicant: R Bhal; Respondent: LA Lucia Sands
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
16 September 1998
Case Number
D223/98
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted; arbitration award made an order of court; costs awarded to applicant.
Judges
Maserumule
Legal Topics
Arbitration Award Enforcement, Reinstatement, Back Pay, Section 158 1 C Application
Labour Law Civil Procedure Arbitration Award Enforcement Reinstatement Back Pay Section 158 1 C Application

Case Brief

Summary, issues, holding and outcome

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Parties

R Bhal

Applicant

LA Lucia Sands

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the respondent complied with the arbitration award requiring reinstatement and payment of back-pay.
  2. 2 Whether the applicant's tender of services was accepted by the respondent.
  3. 3 Whether the respondent made an unequivocal tender to pay the applicant's back-pay.

Ratio Decidendi

The court found that the respondent failed to comply with the arbitration award, as the applicant's tender of services was not accepted and no unequivocal tender or payment of back-pay was made. The respondent did not contest the applicant's detailed allegations regarding the refusal of reinstatement and the circumstances surrounding the purported resignation. The court held that, in the absence of compliance with the award, its discretion should be exercised in favour of the applicant by making the arbitration award an order of court.

Court Disposition

Application granted; arbitration award made an order of court; costs awarded to applicant.

Orders

  • The arbitration award dated 27 March 1998 is made an order of court.
  • The respondent is to pay the applicant's costs.