Molaetsa v Meyer and Another (J2421/06) [2007] ZALC 177; (2007) 28 ILJ 2600 (LC) (6 July 2007)

Molaetsa v Meyer and Another (J2421/06) [2007] ZALC 177; (2007) 28 ILJ 2600 (LC) (6 July 2007)

The court held that while the arbitration award had already been certified and was enforceable, it was not competent for the court to order the second respondent to pay remuneration for the period following the applicant's tender of services in these proceedings. The proper procedure for enforcing reinstatement and remuneration claims, where there is alleged non-compliance with an arbitration award, is to institute contempt proceedings under section 143(4) of the Labour Relations Act. The applicant persisted with an application for relief to which he was not entitled, despite warnings and the respondent's willingness to comply with the award. The court, therefore, made the arbitration...

Citation
[2007] ZALC 177
Parties
Applicant: Mr Joseph Molaetsa; Respondent: Mr A I Meyer; Respondent: Old Mutual Life Assurance
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
6 July 2007
Case Number
J2421/06
Procedural Posture
Urgent Application / Application for Making Arbitration Award an Order of Court and Claim for Remuneration Post Tender of Services
Outcome
The arbitration award was made an order of court. The applicant's claim for remuneration was dismissed. Costs were awarded against the applicant.
Judges
A Van Niekerk
Legal Topics
Arbitration Award Enforcement, Reinstatement, Remuneration Claim, Contempt of Court, Costs Award
Labour Law Civil Procedure Arbitration Award Enforcement Reinstatement Remuneration Claim Contempt of Court Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Joseph Molaetsa

Applicant

Mr A I Meyer

Respondent

Old Mutual Life Assurance

Respondent

Procedural Posture

Urgent Application / Application for Making Arbitration Award an Order of Court and Claim for Remuneration Post Tender of Services

Legal Issues

  1. 1 Whether the arbitration award should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the applicant is entitled to remuneration from the date of his tender of services until acceptance by the second respondent.
  3. 3 Whether the applicant should have instituted contempt proceedings instead of seeking remuneration in this application.

Ratio Decidendi

The court held that while the arbitration award had already been certified and was enforceable, it was not competent for the court to order the second respondent to pay remuneration for the period following the applicant's tender of services in these proceedings. The proper procedure for enforcing reinstatement and remuneration claims, where there is alleged non-compliance with an arbitration award, is to institute contempt proceedings under section 143(4) of the Labour Relations Act. The applicant persisted with an application for relief to which he was not entitled, despite warnings and the respondent's willingness to comply with the award. The court, therefore, made the arbitration...

Court Disposition

The arbitration award was made an order of court. The applicant's claim for remuneration was dismissed. Costs were awarded against the applicant.

Orders

  • The Arbitration Award dated 19 April 2006 issued by Commissioner Boniswa Mbovane under case number GAJB 27625-05 is made an order of Court in terms of Section 158(1)(c) of the Labour Relations Act No. 66 of 1995.
  • The applicant is to pay the costs of this application.