Mtshali v Imperial Motor Holdings (Pty) Ltd t/a Mercedes Benz Commercial: East Rand (J3051/12) [2015] ZALCJHB 438 (18 December 2015)

Mtshali v Imperial Motor Holdings (Pty) Ltd t/a Mercedes Benz Commercial: East Rand (J3051/12) [2015] ZALCJHB 438 (18 December 2015)

The court found that the arbitration award sought to be made an order of court had been reviewed and set aside in a related judgment delivered simultaneously. As a result, the award was no longer valid or enforceable. The court held that it cannot grant relief to make an award an order of court when the award has been set aside. Accordingly, the application was dismissed.

Citation
[2015] ZALCJHB 438
Parties
Applicant: Velaphi Amos Mtshali; Respondent: Imperial Motor Holdings (Pty) Ltd t/a Mercedes Benz Commercial: East Rand
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 December 2015
Case Number
J3051/12
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application dismissed.
Judges
CE Watt-Pringle
Legal Topics
Arbitration Award Enforcement, Section 158 1 C Application, Review of Arbitration Award
Labour Law Arbitration Award Enforcement Section 158 1 C Application Review of Arbitration Award

Case Brief

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Parties

Velaphi Amos Mtshali

Applicant

Imperial Motor Holdings (Pty) Ltd t/a Mercedes Benz Commercial: East Rand

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award can be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the arbitration award remains valid following its review and setting aside.

Ratio Decidendi

The court found that the arbitration award sought to be made an order of court had been reviewed and set aside in a related judgment delivered simultaneously. As a result, the award was no longer valid or enforceable. The court held that it cannot grant relief to make an award an order of court when the award has been set aside. Accordingly, the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application to make the arbitration award an order of court is dismissed.
  • No order as to costs.