Lala v Standard Bank of South Africa (J958/11) [2011] ZALCJHB 242 (19 October 2011)

Lala v Standard Bank of South Africa (J958/11) [2011] ZALCJHB 242 (19 October 2011)

The Labour Court does not have jurisdiction to review a settlement agreement under section 145 or 158 of the Labour Relations Act unless the agreement has been made an arbitration award in terms of section 142A. In this case, the settlement agreement was not made an arbitration award, and no such award was issued by the CCMA. Therefore, the application to review and set aside the settlement agreement must fail for lack of jurisdiction. Regarding costs, there are no special considerations of fairness that would justify depriving the successful party of costs, and thus costs follow the result.

Citation
[2011] ZALCJHB 242
Parties
Applicant: Nkosinathi Lala; Respondent: Standard Bank of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2011
Case Number
J958/11
Procedural Posture
Review Application / Judgment
Outcome
The review application is dismissed with costs.
Judges
K M Savage
Legal Topics
Settlement Agreement, Jurisdiction, Arbitration Award, Review Proceedings
Labour Law Settlement Agreement Jurisdiction Arbitration Award Review Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Nkosinathi Lala

Applicant

Standard Bank of South Africa

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to review and set aside a settlement agreement entered into under the auspices of the CCMA.
  2. 2 Whether a settlement agreement constitutes an arbitration award for purposes of section 145 and 158 of the Labour Relations Act.
  3. 3 Whether costs should be awarded to the successful party.

Ratio Decidendi

The Labour Court does not have jurisdiction to review a settlement agreement under section 145 or 158 of the Labour Relations Act unless the agreement has been made an arbitration award in terms of section 142A. In this case, the settlement agreement was not made an arbitration award, and no such award was issued by the CCMA. Therefore, the application to review and set aside the settlement agreement must fail for lack of jurisdiction. Regarding costs, there are no special considerations of fairness that would justify depriving the successful party of costs, and thus costs follow the result.

Court Disposition

The review application is dismissed with costs.

Orders

  • The review application is dismissed with costs.