Dlamini v Thaba Strategic Services (J169/11) [2012] ZALCJHB 149 (2 March 2012)

Dlamini v Thaba Strategic Services (J169/11) [2012] ZALCJHB 149 (2 March 2012)

The respondent failed to provide any substantive basis for postponement or opposition to the application. The arbitration award was duly made by the CCMA in accordance with the Labour Relations Act and has not been reviewed or set aside. In the absence of any grounds to refuse the application, the Labour Court granted the application for the award to be made an order of court, with costs.

Citation
[2012] ZALCJHB 149
Parties
Applicant: Dlamini, Welile; Respondent: Thaba Strategic Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 March 2012
Case Number
J169/11
Procedural Posture
Urgent Application / Application for Arbitration Award to Be Made an Order of Court
Outcome
Application granted; arbitration award made an order of the Labour Court with costs.
Judges
Savage
Legal Topics
Arbitration Award Enforcement, Section 158 1 C Application, Postponement of Proceedings
Labour Law Civil Procedure Arbitration Award Enforcement Section 158 1 C Application Postponement of Proceedings

Case Brief

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Parties

Dlamini, Welile

Applicant

Thaba Strategic Services

Respondent

Procedural Posture

Urgent Application / Application for Arbitration Award to Be Made an Order of Court

Legal Issues

  1. 1 Whether the arbitration award should be made an order of the Labour Court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the respondent has provided a substantive basis for postponement of the application.
  3. 3 Whether the respondent has provided grounds to oppose the making of the award an order of court.

Ratio Decidendi

The respondent failed to provide any substantive basis for postponement or opposition to the application. The arbitration award was duly made by the CCMA in accordance with the Labour Relations Act and has not been reviewed or set aside. In the absence of any grounds to refuse the application, the Labour Court granted the application for the award to be made an order of court, with costs.

Court Disposition

Application granted; arbitration award made an order of the Labour Court with costs.

Orders

  • The arbitration award in this matter is made an order of the Labour Court in terms of section 158(1)(c) of the Labour Relations Act.
  • The respondent is ordered to pay the costs of the application.