Goliath v Rocklands Poultry Loss Control/Sovereign Foods (P295/15) [2019] ZALCPE 18 (7 November 2019)

Goliath v Rocklands Poultry Loss Control/Sovereign Foods (P295/15) [2019] ZALCPE 18 (7 November 2019)

The court held that the arbitration award ordering the applicant's reinstatement constitutes a debt to which the Prescription Act applies. Prescription began running from the date of dismissal and was interrupted by referral to the CCMA. As there was no review of the award, the publication of the award gave rise to a new prescription period of 30 years, which had not expired when the application was filed. The respondent's jurisdictional challenge based on non-joinder at conciliation was rejected, as the joinder ruling and arbitration award were binding and had not been reviewed or set aside. The court found no merit in the respondent's technical objections and ordered that the...

Citation
[2019] ZALCPE 18
Parties
Applicant: Graham Goliath; Respondent: Rocklands Poultry Loss Control/Sovereign Foods
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
7 November 2019
Case Number
P295/15
Procedural Posture
Application to Make Arbitration Award Order of Court / Opposed Application Under Section 158(1)(c) of the Labour Relations Act
Outcome
Application granted. The arbitration award is made an order of court. Costs awarded to the applicant.
Judges
D Mahosi
Legal Topics
Prescription Act Application, Arbitration Award Enforcement, Unfair Dismissal, Joinder, Condonation of Late Filing
Labour Law Civil Procedure Prescription Act Application Arbitration Award Enforcement Unfair Dismissal Joinder Condonation of Late Filing

Case Brief

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Parties

Graham Goliath

Applicant

Rocklands Poultry Loss Control/Sovereign Foods

Respondent

Procedural Posture

Application to Make Arbitration Award Order of Court / Opposed Application Under Section 158(1)(c) of the Labour Relations Act

Legal Issues

  1. 1 Whether the arbitration award ordering reinstatement has prescribed under the Prescription Act.
  2. 2 Whether the Labour Court has jurisdiction to make the award an order of court despite alleged non-joinder at conciliation.
  3. 3 Whether the respondent's partial compliance affects enforceability of the reinstatement award.

Ratio Decidendi

The court held that the arbitration award ordering the applicant's reinstatement constitutes a debt to which the Prescription Act applies. Prescription began running from the date of dismissal and was interrupted by referral to the CCMA. As there was no review of the award, the publication of the award gave rise to a new prescription period of 30 years, which had not expired when the application was filed. The respondent's jurisdictional challenge based on non-joinder at conciliation was rejected, as the joinder ruling and arbitration award were binding and had not been reviewed or set aside. The court found no merit in the respondent's technical objections and ordered that the...

Court Disposition

Application granted. The arbitration award is made an order of court. Costs awarded to the applicant.

Orders

  • The arbitration award dated 13 February 2012 issued under the auspices of the CCMA under case number ECPE3115-11 is made an order of this Court.
  • The respondent must pay the applicant’s costs.