Mcveigh v Ria Stars FC (J709/03) [2003] ZALC 64 (28 May 2003)

Mcveigh v Ria Stars FC (J709/03) [2003] ZALC 64 (28 May 2003)

The Labour Court found that it has jurisdiction to make an arbitration award an order of court, but section 158(1)(c) of the Labour Relations Act does not apply to the award in question. The application lacked urgency and was struck off the roll. The applicant failed to meet the requirements for a final or interim antidissipation interdict, as there was no evidence of a reasonable apprehension that the respondent would dissipate assets to frustrate satisfaction of the award. Both applications were dismissed with costs.

Citation
[2003] ZALC 64
Parties
Applicant: McVeigh; Respondent: Ria Stars FC
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 May 2003
Case Number
J709/03
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court and for an Antidissipation Interdict
Outcome
Both applications are dismissed with costs.
Judges
A A Landman
Legal Topics
Arbitration Award Enforcement, Antidissipation Interdict, Jurisdiction of Labour Court, Urgency, Final Interdict Requirements
Labour Law Civil Procedure Arbitration Award Enforcement Antidissipation Interdict Jurisdiction of Labour Court Urgency Final Interdict Requirements

Case Brief

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Parties

McVeigh

Applicant

Ria Stars FC

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court and for an Antidissipation Interdict

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to make the arbitration award an order of court.
  2. 2 Whether the application is urgent and should be heard as such.
  3. 3 Whether the applicant is entitled to an antidissipation interdict based on the facts presented.

Ratio Decidendi

The Labour Court found that it has jurisdiction to make an arbitration award an order of court, but section 158(1)(c) of the Labour Relations Act does not apply to the award in question. The application lacked urgency and was struck off the roll. The applicant failed to meet the requirements for a final or interim antidissipation interdict, as there was no evidence of a reasonable apprehension that the respondent would dissipate assets to frustrate satisfaction of the award. Both applications were dismissed with costs.

Court Disposition

Both applications are dismissed with costs.

Orders

  • The application in terms of section 158(1)(c) of the Labour Relations Act is struck off the roll with costs.
  • The application for an antidissipation interdict is dismissed with costs.