Lambons (Pty) Ltd t/a Lambons Peugot (Pty) Ltd v Barker and Others (J631/17) [2017] ZALCJHB 124 (25 April 2017)
The court found that the applicant had furnished security to the satisfaction of the court by paying the relevant amount into the trust account of its attorney, thereby meeting the requirements of section 145(8) of the LRA for suspension of the arbitration award pending review. The court held that urgency was...
Source-derived case information.
- Citation
- [2017] ZALCJHB 124
- Parties
- Applicant: Lambons (Pty) Ltd t/a Lambons Peugot (Pty) Ltd; Respondent: Melissa Barker; Respondent: Commission of Dispute Resolution Centre; Respondent: Sheriff Bloemfontein East
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J631/17
- Procedural Posture
- Urgent Application / Application for Stay of Execution Pending Review
- Outcome
- Application granted. Stay of execution ordered pending review.
- Judges
- Whitcher
- Legal Topics
- Stay of Execution, Review of Arbitration Award, Security for Award, Urgency, Condonation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lambons (Pty) Ltd t/a Lambons Peugot (Pty) Ltd
Applicant
Melissa Barker
Respondent
Commission of Dispute Resolution Centre
Respondent
Sheriff Bloemfontein East
Respondent
Procedural Posture
Urgent Application / Application for Stay of Execution Pending Review
Legal Issues
- 1 Whether the applicant is entitled to an urgent stay of execution of the arbitration award pending review.
- 2 Whether the provision of security by the applicant satisfies the requirements of section 145(8) of the LRA.
- 3 Whether the late filing of the review application without condonation precludes the granting of a stay.
Ratio Decidendi
The court found that the applicant had furnished security to the satisfaction of the court by paying the relevant amount into the trust account of its attorney, thereby meeting the requirements of section 145(8) of the LRA for suspension of the arbitration award pending review. The court held that urgency was established, as the application was brought promptly after the sheriff attempted execution and after attempts to resolve the matter with the respondent's attorneys. The late filing of the review application did not preclude the granting of a stay, as the applicant could still seek condonation. The rights of the CCMA, DRC, or Commissioner were not affected, as no relief was sought...
Court Disposition
Application granted. Stay of execution ordered pending review.
Orders
- The applicant’s non-compliance with the ordinary forms, service and time periods provided for in the Rules of the Labour Court is condoned and the matter is dealt with as one of urgency.
- The first respondent and the third respondent (Sheriff Bloemfontein East) are ordered not to execute and enforce the arbitration award issued by Commissioner M Terblanche dated 7 November 2016 and certified by the CCMA under case number MINT 50205 or proceed with a sale in execution in respect of the award pending...
Full Case Text
Judgment text and source record
41 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
Case no: J631-17
In the matter between:
LAMBONS(PTY)LTD t/a LAMBONS PEUGOT(PTY)LTD
Applicant
and
MELISSA BARKER
First
Respondent
COMMISSION OF DISPUTE RESOLUTION
CENTRE
Second
Respondent
SHERIFF BLOEMFONTEIN EAST
Third
Respondent
Heard: 19 April 2017
Delivered: 25 April 2017
WHITCHER J
Introduction
[1] The applicant seeks an order on an urgent basis that the third respondent and the Sheriff be interdicted from enforcing / executing the arbitration award issued by Commissioner M Terblanche dated 7 November 2016, pending the finalisation of the application filed on 10 January 2017 for the review of the award.
[2] In my view, it would be just and equitable to grant the application in light of the following.
[3] Section 145(7) of the LRA provides that the institution of review proceedings does not suspend the operation of an arbitration award, unless the applicant furnishes security to the satisfaction of the court in accordance with subsection (8).
[4] I have perused the security bond provided and the fact that the relevant amount has been paid into the trust account of the applicant’s attorney, and hold that the applicant has provided security to the satisfaction of the Court.
[5] The rights of the CCMA or DRC or the Commissioner will not be affected by a judgment made in this matter since no relief is sought against these parties and the application is not directed at setting aside any act committed by these parties. The application is to stop the first respondent and sheriff from enforcing the arbitration award certified by the CCMA. In light hereof there was no need to join these parties to this application.
Urgency
[6] This urgent application was filed 8 days after the sheriff attempted to execute the writ and after the applicant first attempted to resolve the issue with the first respondent’s attorneys. The applicant thus acted as expeditiously as it could in bringing this application.
Defective Review Application
[7] The review application was filed 20 days late, with no accompanying condonation application. I do not see why this application to stay should be dismissed on account that the review was filed late since it is still open to the applicant to file a condonation application.
Order
[8] The applicant’s non-compliance with the ordinary forms, service and time periods provided for in the Rules of the Labour Court is condoned and the matter is dealt with as one of urgency.
[9] The first respondent and the third respondent [Sheriff Bloemfontein East] is ordered not to execute and enforce the arbitration award issued by Commissioner M Terblanche dated 7 November 2016 and certified by the CCMA under case number MINT 50205 or proceed with a sale in execution in respect of the award pending the outcome of the review application filed by the applicant.
[10] There is no order as to costs.
________________________________
Whitcher J
Judge of the Labour Court of South Africa
APPEARANCES:
For the Applicant: TC Hitge Incorporated
For the First Respondent: Gerrie Ebersohn Attorneys