NACTWUSA v Glencarol Industries (J553/97) [1997] ZALC 8 (3 November 1997)

NACTWUSA v Glencarol Industries (J553/97) [1997] ZALC 8 (3 November 1997)

The court found that the respondent failed to comply with the arbitration award by not reinstating Simelane and not paying the monies due as specified. The award required retrospective reinstatement from the date of dismissal, with a deduction of two months' salary. The respondent's partial or late compliance did not satisfy the requirements of the award. Any subsequent disciplinary enquiry or dismissal is a separate matter and does not affect the enforcement of the original award. Therefore, the arbitration award is made an order of court, and the respondent is ordered to pay the costs of the application, limited to disbursements.

Citation
[1997] ZALC 8
Parties
Applicant: NACTWUSA; Respondent: Glencarol Industries
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 November 1997
Case Number
J553/97
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted; arbitration award made an order of court.
Judges
A A Landman
Legal Topics
Arbitration Award Enforcement, Reinstatement, Retrospective Reinstatement, Deduction of Salary
Labour Law Arbitration Award Enforcement Reinstatement Retrospective Reinstatement Deduction of Salary

Case Brief

Summary, issues, holding and outcome

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Parties

NACTWUSA

Applicant

Glencarol Industries

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitration award should be made an order of court.
  2. 2 Whether the respondent complied with the terms of the arbitration award, specifically regarding reinstatement and payment of monies due.
  3. 3 Whether disputes regarding subsequent disciplinary action or dismissal are relevant to the present application.

Ratio Decidendi

The court found that the respondent failed to comply with the arbitration award by not reinstating Simelane and not paying the monies due as specified. The award required retrospective reinstatement from the date of dismissal, with a deduction of two months' salary. The respondent's partial or late compliance did not satisfy the requirements of the award. Any subsequent disciplinary enquiry or dismissal is a separate matter and does not affect the enforcement of the original award. Therefore, the arbitration award is made an order of court, and the respondent is ordered to pay the costs of the application, limited to disbursements.

Court Disposition

Application granted; arbitration award made an order of court.

Orders

  • The arbitration award dated 13 June 1997 is made an order of court.
  • The respondent is ordered to pay the costs of the application, limited to disbursements.