Mogwale v Ekurhuleni Artisans and Skills Training Centre (Pty) Ltd (J2560/16) [2017] ZALCJHB 282 (4 August 2017)

Mogwale v Ekurhuleni Artisans and Skills Training Centre (Pty) Ltd (J2560/16) [2017] ZALCJHB 282 (4 August 2017)

The court found that while the respondent had not furnished security as required by section 145(7) of the LRA, this did not invalidate its review application. The enforcement of the arbitration award is not suspended unless security is furnished, but the respondent had taken steps to prosecute the review application and was not using delay tactics. The respondent failed to provide sufficient evidence to justify a reduction or waiver of the prescribed security amount. The court exercised its discretion to dismiss the applicant's application to make the award an order of court and ordered the respondent to pay the full statutory security amount. The enforcement of the award was stayed...

Citation
[2017] ZALCJHB 282
Parties
Applicant: Emelda R Mogwale; Respondent: Ekurhuleni Artisans and Skills Training Centre (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 August 2017
Case Number
J2560/16
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court; Counter Application to Stay Enforcement and Absolve/reduce Security
Outcome
The applicant's application to make the arbitration award an order of court is dismissed. The respondent's counter application is granted in part.
Judges
G Barrable
Legal Topics
Arbitration Award Enforcement, Security for Review, Unfair Dismissal, Stay of Execution
Labour Law Civil Procedure Arbitration Award Enforcement Security for Review Unfair Dismissal Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Emelda R Mogwale

Applicant

Ekurhuleni Artisans and Skills Training Centre (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court; Counter Application to Stay Enforcement and Absolve/reduce Security

Legal Issues

  1. 1 Whether the arbitration award should be made an order of court under section 158(1)(c) of the LRA.
  2. 2 Whether enforcement of the arbitration award should be stayed pending the outcome of the respondent's review application.
  3. 3 Whether the respondent should be absolved from furnishing security or the quantum of security should be reduced under section 145(8) of the LRA.

Ratio Decidendi

The court found that while the respondent had not furnished security as required by section 145(7) of the LRA, this did not invalidate its review application. The enforcement of the arbitration award is not suspended unless security is furnished, but the respondent had taken steps to prosecute the review application and was not using delay tactics. The respondent failed to provide sufficient evidence to justify a reduction or waiver of the prescribed security amount. The court exercised its discretion to dismiss the applicant's application to make the award an order of court and ordered the respondent to pay the full statutory security amount. The enforcement of the award was stayed...

Court Disposition

The applicant's application to make the arbitration award an order of court is dismissed. The respondent's counter application is granted in part.

Orders

  • The applicant’s application in terms of section 158(1)(c) is dismissed with no order as to costs.
  • The respondent is ordered to pay security in the amount of R244,800.00 within 10 days of the date of this order.