Bopape v Mintek SOC Ltd (J660/16) [2018] ZALCJHB 244; [2018] 10 BLLR 1007 (LC) (10 July 2018)

Bopape v Mintek SOC Ltd (J660/16) [2018] ZALCJHB 244; [2018] 10 BLLR 1007 (LC) (10 July 2018)

The court held that the applicant's claim for remuneration after the date of reinstatement is not covered by the arbitration award, which only revived the contract of employment and entitled her to back pay up to the date of reinstatement. The respondent complied with the award by paying the ordered back pay. Any claim for remuneration after reinstatement is contractual and must be pursued separately in the civil courts or under section 77 of the Basic Conditions of Employment Act. Therefore, the applicant failed to establish partial compliance with the award and is not entitled to have the arbitration award made an order of court under section 158(1)(c).

Citation
[2018] ZALCJHB 244
Parties
Applicant: Reshoketswe Desiree Bopape; Respondent: Mintek SOC Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 July 2018
Case Number
J660/16
Procedural Posture
Section 158 Application / Opposed Application to Make Arbitration Award an Order of Court
Outcome
Application dismissed; no order as to costs.
Judges
Mahosi
Legal Topics
Section 158 Application, Arbitration Award Enforcement, Reinstatement, Back Pay, Contractual Claims
Labour Law Section 158 Application Arbitration Award Enforcement Reinstatement Back Pay Contractual Claims

Case Brief

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Parties

Reshoketswe Desiree Bopape

Applicant

Mintek SOC Ltd

Respondent

Procedural Posture

Section 158 Application / Opposed Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the applicant is entitled to remuneration for the period after reinstatement pursuant to the arbitration award.
  2. 2 Whether the arbitration award was only partially complied with by the respondent.
  3. 3 Whether the applicant can enforce the alleged outstanding amount via section 158(1)(c) of the Labour Relations Act.

Ratio Decidendi

The court held that the applicant's claim for remuneration after the date of reinstatement is not covered by the arbitration award, which only revived the contract of employment and entitled her to back pay up to the date of reinstatement. The respondent complied with the award by paying the ordered back pay. Any claim for remuneration after reinstatement is contractual and must be pursued separately in the civil courts or under section 77 of the Basic Conditions of Employment Act. Therefore, the applicant failed to establish partial compliance with the award and is not entitled to have the arbitration award made an order of court under section 158(1)(c).

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The applicant’s application is dismissed.
  • There is no order as to costs.