FAIS Ombud v Rametsi and Others (J2591/17) [2017] ZALCJHB 418 (17 November 2017)

FAIS Ombud v Rametsi and Others (J2591/17) [2017] ZALCJHB 418 (17 November 2017)

The applicant failed to furnish security as required by section 145(8) of the LRA, which is a prerequisite for suspending the operation of an arbitration award pending review. The applicant's decision to stop paying the first respondent's salary and benefits was unlawful, as her employment contract remained valid and enforceable. The launching of the review application restored the status quo ante, requiring the applicant to maintain the first respondent's suspension with full benefits. The applicant did not make out a case for the stay, and it would not be in the interests of justice to grant the order sought.

Citation
[2017] ZALCJHB 418
Parties
Applicant: FAIS Ombud; Respondent: Mpho Rametsi; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: John Siavhe N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 November 2017
Case Number
J2591/17
Procedural Posture
Stay Application / Urgent Application to Stay Enforcement of CCMA Ruling Pending Review
Outcome
Application to stay enforcement of the CCMA ruling dismissed with costs.
Judges
Mahosi
Legal Topics
Section 188a Inquiry, Stay of Enforcement, Contempt Proceedings, Security for Review, Suspension With Benefits
Labour Law Civil Procedure Section 188a Inquiry Stay of Enforcement Contempt Proceedings Security for Review Suspension With Benefits

Case Brief

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Parties

FAIS Ombud

Applicant

Mpho Rametsi

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

John Siavhe N.O.

Respondent

Procedural Posture

Stay Application / Urgent Application to Stay Enforcement of CCMA Ruling Pending Review

Legal Issues

  1. 1 Whether the applicant is entitled to an order staying the enforcement of the CCMA ruling pending review.
  2. 2 Whether the applicant's failure to furnish security in terms of section 145(8) of the LRA precludes the granting of a stay.
  3. 3 Whether the applicant's cessation of salary and benefits to the first respondent was lawful pending review.

Ratio Decidendi

The applicant failed to furnish security as required by section 145(8) of the LRA, which is a prerequisite for suspending the operation of an arbitration award pending review. The applicant's decision to stop paying the first respondent's salary and benefits was unlawful, as her employment contract remained valid and enforceable. The launching of the review application restored the status quo ante, requiring the applicant to maintain the first respondent's suspension with full benefits. The applicant did not make out a case for the stay, and it would not be in the interests of justice to grant the order sought.

Court Disposition

Application to stay enforcement of the CCMA ruling dismissed with costs.

Orders

  • The applicant's application to stay the enforcement of the ruling issued by the third respondent on 31 July 2017 under case number GATW 8645/17 is dismissed with costs.