Boost Property Management v BIFAWU obo Mabotja and Others (J2010/17) [2018] ZALCJHB 144 (28 March 2018)

Boost Property Management v BIFAWU obo Mabotja and Others (J2010/17) [2018] ZALCJHB 144 (28 March 2018)

The court held that the enforcement of the default arbitration award should be stayed pending the outcome of the rescission application. The applicant has furnished a security bond, which, although not strictly required for a rescission application under section 145(8), provides sufficient assurance for the...

Source-derived case information.

Citation
[2018] ZALCJHB 144
Parties
Applicant: Boost Property Management; Respondent: BIFAWU obo R Mabotja; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Sheriff of Court: Johannesburg North
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2018
Case Number
J2010/17
Procedural Posture
Stay Application / Application to Stay Enforcement of Arbitration Award Pending Rescission Application
Outcome
Application granted: enforcement of the default arbitration award stayed pending outcome of rescission application.
Judges
Van Niekerk
Legal Topics
Stay of Execution, Arbitration Award Enforcement, Rescission Application, Security Bond
Labour Law Civil Procedure Stay of Execution Arbitration Award Enforcement Rescission Application Security Bond

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Parties

Boost Property Management

Applicant

BIFAWU obo R Mabotja

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Sheriff of Court: Johannesburg North

Respondent

Procedural Posture

Stay Application / Application to Stay Enforcement of Arbitration Award Pending Rescission Application

Legal Issues

  1. 1 Whether the enforcement of a default arbitration award should be stayed pending the outcome of a rescission application.
  2. 2 Whether the furnishing of a security bond by the applicant justifies the stay of enforcement.
  3. 3 Whether the first respondent suffers prejudice from the stay of enforcement.

Ratio Decidendi

The court held that the enforcement of the default arbitration award should be stayed pending the outcome of the rescission application. The applicant has furnished a security bond, which, although not strictly required for a rescission application under section 145(8), provides sufficient assurance for the satisfaction of the award should the rescission fail. The stay is for a limited period and does not cause real prejudice to the respondent or its members. The interests of the applicant prevail in these circumstances, and the court is not required to make substantive or procedural determinations regarding the rescission application itself, which is the domain of the CCMA.

Court Disposition

Application granted: enforcement of the default arbitration award stayed pending outcome of rescission application.

Orders

  • The enforcement of the default arbitration award issued under case number GAJB24886/16 is stayed, pending the outcome of the rescission application filed by the applicant on 31 July 2017.
  • There is no order for costs.