Kammies v Enforce Security Systems (Pty) Ltd (P54/18) [2021] ZALCPE 15 (8 December 2021)

Kammies v Enforce Security Systems (Pty) Ltd (P54/18) [2021] ZALCPE 15 (8 December 2021)

The court found that the applicant had proved the existence of a clear arbitration award in his favour, which the respondent had not complied with. However, the relief sought by the applicant exceeded the scope of section 158(1)(c), as he attempted to obtain more than enforcement or execution of the award. The Labour Relations Act prescribes procedures for enforcement under section 143, and the additional prayers fell outside the scope of the application. Furthermore, the applicant delayed unreasonably in bringing the application, with no satisfactory explanation for the three-year delay. The law and fairness required that the application be refused, but no costs order was warranted...

Citation
[2021] ZALCPE 15
Parties
Applicant: Ismael Kammies; Respondent: Enforce Security Systems (Pty) Ltd
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
8 December 2021
Case Number
P54/18
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the LRA
Outcome
Application dismissed; no order as to costs.
Judges
Lallie
Legal Topics
Enforcement of Arbitration Award, Section 158 1 C Lra, Unreasonable Delay, Reinstatement, Award Execution
Labour Law Civil Procedure Enforcement of Arbitration Award Section 158 1 C Lra Unreasonable Delay Reinstatement Award Execution

Case Brief

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Parties

Ismael Kammies

Applicant

Enforce Security Systems (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the LRA

Legal Issues

  1. 1 Whether the arbitration award issued by the CCMA in favour of the applicant should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the relief sought by the applicant exceeds the scope of section 158(1)(c) of the LRA.
  3. 3 Whether the delay in bringing the application is unreasonable and precludes the granting of the order.

Ratio Decidendi

The court found that the applicant had proved the existence of a clear arbitration award in his favour, which the respondent had not complied with. However, the relief sought by the applicant exceeded the scope of section 158(1)(c), as he attempted to obtain more than enforcement or execution of the award. The Labour Relations Act prescribes procedures for enforcement under section 143, and the additional prayers fell outside the scope of the application. Furthermore, the applicant delayed unreasonably in bringing the application, with no satisfactory explanation for the three-year delay. The law and fairness required that the application be refused, but no costs order was warranted...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995 is dismissed.
  • There is no order as to costs.