Nchabeleng and others v Lapace Construction (Pty) Ltd (J580/2013) [2015] ZALCJHB 79 (5 March 2015)

Nchabeleng and others v Lapace Construction (Pty) Ltd (J580/2013) [2015] ZALCJHB 79 (5 March 2015)

The court found that the arbitration award sought to be made an order of court complied with the requirements of section 142A(1) of the LRA and that the respondent did not dispute its obligations under the award. The only opposition raised was the lack of proof of non-compliance, but the court held that the purpose of making the award an order of court is to enable enforcement, not to resolve compliance disputes at this stage. The court exercised its discretion in favour of the applicants, finding it equitable to grant the order so that the award could be executed if necessary.

Citation
[2015] ZALCJHB 79
Parties
Applicant: Edwin Nchabeleng & 2 Others; Respondent: Lapace Construction (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2015
Case Number
J580/2013
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted. The arbitration award dated 18 March 2013 under case number GATW696-13 is made an order of court.
Judges
Tlhotlhalemaje
Legal Topics
Section 158 1 C Lra, Arbitration Award Enforcement, Settlement Agreement, Judicial Discretion
Labour Law Civil Procedure Section 158 1 C Lra Arbitration Award Enforcement Settlement Agreement Judicial Discretion

Case Brief

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Parties

Edwin Nchabeleng & 2 Others

Applicant

Lapace Construction (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitration award under case number GATW696-13 dated 18 March 2013 should be made an order of court.
  2. 2 Whether the absence of evidence of non-compliance by the respondent precludes the granting of the order.
  3. 3 Whether the settlement agreement and award meet the criteria for enforcement under section 158(1)(c) of the LRA.

Ratio Decidendi

The court found that the arbitration award sought to be made an order of court complied with the requirements of section 142A(1) of the LRA and that the respondent did not dispute its obligations under the award. The only opposition raised was the lack of proof of non-compliance, but the court held that the purpose of making the award an order of court is to enable enforcement, not to resolve compliance disputes at this stage. The court exercised its discretion in favour of the applicants, finding it equitable to grant the order so that the award could be executed if necessary.

Court Disposition

Application granted. The arbitration award dated 18 March 2013 under case number GATW696-13 is made an order of court.

Orders

  • The arbitration award dated 18 March 2013 under case number GATW696-13 is made an order of court.
  • There is no order as to costs.