Lakes Hotel and Conference (Pty) Ltd v Commission for Conciliation Mediation and Arbitration (J468/2020) [2023] ZALCJHB 350 (19 December 2023)

Lakes Hotel and Conference (Pty) Ltd v Commission for Conciliation Mediation and Arbitration (J468/2020) [2023] ZALCJHB 350 (19 December 2023)

The court found that the applicant had furnished security as required by section 145(7) and (8) of the Labour Relations Act. By operation of law, this automatically suspended the operation and execution of the arbitration award pending the finalization of the review application. The sheriff and the Third Respondent acted contrary to the legal position by attempting to execute the award after security was furnished. The court exercised its discretion to stay the execution of the writ, as the review application was ripe for hearing and awaiting enrollment.

Citation
[2023] ZALCJHB 350
Parties
Applicant: THE LAKES HOTEL AND CONFERENCE (PTY) LTD; Respondent: COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION (CCMA); Respondent: AUBREY MOTEBANG MOKOENA N.O; Respondent: MATEBESE MATHEWS DIKGALE; Respondent: THE SHERRIF BENONI
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 December 2023
Case Number
J468/2020
Procedural Posture
Stay Application / Urgent Application for Stay of Execution Pending Review
Outcome
The application to stay the writ of execution was granted. The execution of the writ is stayed pending the finalization of the applicant's review application.
Judges
Prinsloo
Legal Topics
Stay of Execution, Review of Arbitration Award, Security Pending Review, Constructive Dismissal
Labour Law Civil Procedure Stay of Execution Review of Arbitration Award Security Pending Review Constructive Dismissal

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Parties

THE LAKES HOTEL AND CONFERENCE (PTY) LTD

Applicant

COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION (CCMA)

Respondent

AUBREY MOTEBANG MOKOENA N.O

Respondent

MATEBESE MATHEWS DIKGALE

Respondent

THE SHERRIF BENONI

Respondent

Procedural Posture

Stay Application / Urgent Application for Stay of Execution Pending Review

Legal Issues

  1. 1 Whether the furnishing of security in terms of section 145(7) and (8) of the Labour Relations Act automatically suspends the operation and execution of an arbitration award pending review.
  2. 2 Whether the applicant is entitled to a stay of execution of the writ pending the finalization of the review application.

Ratio Decidendi

The court found that the applicant had furnished security as required by section 145(7) and (8) of the Labour Relations Act. By operation of law, this automatically suspended the operation and execution of the arbitration award pending the finalization of the review application. The sheriff and the Third Respondent acted contrary to the legal position by attempting to execute the award after security was furnished. The court exercised its discretion to stay the execution of the writ, as the review application was ripe for hearing and awaiting enrollment.

Court Disposition

The application to stay the writ of execution was granted. The execution of the writ is stayed pending the finalization of the applicant's review application.

Orders

  • The execution of the writ of attachment issued pursuant to the arbitration award is stayed pending the finalization of the review application under case number JR 355/22.
  • No order as to costs.