Dichaba v Phumela Labour Solutions (J2861/12) [2013] ZALCJHB 73 (4 May 2013)

Dichaba v Phumela Labour Solutions (J2861/12) [2013] ZALCJHB 73 (4 May 2013)

The Labour Court found that the applicant had made out a proper case for the enforcement of the arbitration award. The respondent failed to comply with the award and did not oppose the application despite proper service. The award, which found the applicant's suspension to be unfair and ordered compensation and reinstatement, was accordingly made an order of court under section 158(1)(c) of the Labour Relations Act, 1995.

Citation
[2013] ZALCJHB 73
Parties
Applicant: Dichaba Philimon; Respondent: Phumela Labour Solutions
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 May 2013
Case Number
J2861/12
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted; arbitration award made an order of court.
Judges
Molahlehi
Legal Topics
Unfair Suspension, Arbitration Award Enforcement, Section 158 1 C Application
Labour Law Unfair Suspension Arbitration Award Enforcement Section 158 1 C Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dichaba Philimon

Applicant

Phumela Labour Solutions

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitration award issued under case GAJB15132-11 should be made an order of court in terms of section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the respondent's failure to comply with the arbitration award justifies enforcement by the Labour Court.

Ratio Decidendi

The Labour Court found that the applicant had made out a proper case for the enforcement of the arbitration award. The respondent failed to comply with the award and did not oppose the application despite proper service. The award, which found the applicant's suspension to be unfair and ordered compensation and reinstatement, was accordingly made an order of court under section 158(1)(c) of the Labour Relations Act, 1995.

Court Disposition

Application granted; arbitration award made an order of court.

Orders

  • The arbitration award under case number GAJB15132-11 dated 10 August 2011 is made an order of court in terms of section 158(1)(c) of the Labour Relations Act, 1995.