Mlaudzi v Metro South Towing CC (J1007/15) [2017] ZALCJHB 37 (8 February 2017)

Mlaudzi v Metro South Towing CC (J1007/15) [2017] ZALCJHB 37 (8 February 2017)

The court held that while section 143 of the Labour Relations Act provides for the certification and enforcement of arbitration awards without the need for a section 158(1)(c) order, section 158(1)(c) remains applicable where the award has not been certified. In this case, the applicant was uncertain about the certification process due to the award being issued by a Bargaining Council. The court found that the applicant had made a proper case for the award to be made an order of court under section 158(1)(c). Furthermore, the applicant was entitled to outstanding remuneration under section 77(3) of the Basic Conditions of Employment Act, as he had tendered his services but was not...

Citation
[2017] ZALCJHB 37
Parties
Applicant: Witness Mlaudzi; Respondent: Metro South Towing CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 February 2017
Case Number
J1007/15
Procedural Posture
Urgent Application / Application for Enforcement of Arbitration Award and Outstanding Remuneration
Outcome
Application granted. The arbitration award is made an order of court and the respondent is ordered to pay outstanding remuneration and interest.
Judges
S Mabaso
Legal Topics
Enforcement of Arbitration Award, Section 158 1 C Application, Section 77 3 Bcea, Reinstatement, Outstanding Remuneration
Labour Law Civil Procedure Enforcement of Arbitration Award Section 158 1 C Application Section 77 3 Bcea Reinstatement Outstanding Remuneration

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Parties

Witness Mlaudzi

Applicant

Metro South Towing CC

Respondent

Procedural Posture

Urgent Application / Application for Enforcement of Arbitration Award and Outstanding Remuneration

Legal Issues

  1. 1 Whether an arbitration award issued by a Bargaining Council must be made an order of court under section 158(1)(c) of the Labour Relations Act if it has not been certified.
  2. 2 Whether the applicant is entitled to outstanding remuneration for the period following the arbitration award under section 77(3) of the Basic Conditions of Employment Act.
  3. 3 Whether the respondent failed to comply with the terms of the arbitration award and the reinstatement order.

Ratio Decidendi

The court held that while section 143 of the Labour Relations Act provides for the certification and enforcement of arbitration awards without the need for a section 158(1)(c) order, section 158(1)(c) remains applicable where the award has not been certified. In this case, the applicant was uncertain about the certification process due to the award being issued by a Bargaining Council. The court found that the applicant had made a proper case for the award to be made an order of court under section 158(1)(c). Furthermore, the applicant was entitled to outstanding remuneration under section 77(3) of the Basic Conditions of Employment Act, as he had tendered his services but was not...

Court Disposition

Application granted. The arbitration award is made an order of court and the respondent is ordered to pay outstanding remuneration and interest.

Orders

  • The arbitration award under case number MINT 44485N, dated 17 April 2015 and issued by Commissioner S.I Bhabha under the auspices of the Dispute Resolution Centre for the Motor Industry Bargaining Council, is made an order of this Court in terms of section 158(1)(c) of the Labour Relations Act 66 of 1995.
  • The respondent is ordered to pay the applicant further remuneration from 01 May 2015 to 31 December 2016 in the total amount of R98,800.00.