Molemole Municipality v Sheriff Bochum and Another (J 297/2023) [2023] ZALCJHB 40 (8 March 2023)

Molemole Municipality v Sheriff Bochum and Another (J 297/2023) [2023] ZALCJHB 40 (8 March 2023)

The court found that the applicant has reasonable prospects of success in the review application and that the prejudice to the municipality and its residents if the award is enforced outweighs the prejudice to the second respondent, which is limited to delay. The second respondent remains employed and will benefit from the agreement if the review fails. The interests of justice require that the enforcement of the arbitration award be stayed pending the outcome of the review. The court declined to order costs against the second respondent, noting that inappropriate language in the answering affidavit was attributable to her attorney and that the requirements of law and fairness are best...

Citation
[2023] ZALCJHB 40
Parties
Applicant: Molemole Municipality; Respondent: Sheriff Bochum; Respondent: Maseforo Lydia Mathato
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 March 2023
Case Number
J 297/2023
Procedural Posture
Stay Application / Application for Stay of Execution Pending Review
Outcome
Application granted. Enforcement of the arbitration award is stayed pending the outcome of the review application. No order as to costs.
Judges
Van Niekerk
Legal Topics
Stay of Execution, Arbitration Award, Review Application, Costs Order, Security Pending Review
Labour Law Civil Procedure Stay of Execution Arbitration Award Review Application Costs Order Security Pending Review

Case Brief

Summary, issues, holding and outcome

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Parties

Molemole Municipality

Applicant

Sheriff Bochum

Respondent

Maseforo Lydia Mathato

Respondent

Procedural Posture

Stay Application / Application for Stay of Execution Pending Review

Legal Issues

  1. 1 Whether the enforcement of the arbitration award should be stayed pending the outcome of the review application.
  2. 2 Whether the applicant is required to provide security pending review under section 145(8) of the LRA.
  3. 3 Whether a costs order should be made against the second respondent.

Ratio Decidendi

The court found that the applicant has reasonable prospects of success in the review application and that the prejudice to the municipality and its residents if the award is enforced outweighs the prejudice to the second respondent, which is limited to delay. The second respondent remains employed and will benefit from the agreement if the review fails. The interests of justice require that the enforcement of the arbitration award be stayed pending the outcome of the review. The court declined to order costs against the second respondent, noting that inappropriate language in the answering affidavit was attributable to her attorney and that the requirements of law and fairness are best...

Court Disposition

Application granted. Enforcement of the arbitration award is stayed pending the outcome of the review application. No order as to costs.

Orders

  • The enforcement of the award issued by the CCMA on 7 February 2023 under case number LPD 052207 is stayed, pending the outcome of the review application filed by the applicant under case number J 01/2023.
  • The first respondent is directed to uplift any attachment made pursuant to the certification of the above award.