Nosilela v Transport and Allied Workers Union of South Africa (P83/11) [2015] ZALCPE 15 (6 March 2015)

Nosilela v Transport and Allied Workers Union of South Africa (P83/11) [2015] ZALCPE 15 (6 March 2015)

The court found that the applicant was not entitled to a writ of execution for remuneration allegedly due between the date of reinstatement ordered by the arbitration award and the date of actual reinstatement, as no judgment exists requiring the respondent to pay the claimed amount. The cause of action relied upon by the applicant is different from that forming the basis of the arbitration award, and there is no legal basis or legislation enabling the Labour Court to grant the relief sought. The enforcement of arbitration awards is governed by the Labour Relations Act, which excludes the relief claimed. Consequently, the application was dismissed.

Citation
[2015] ZALCPE 15
Parties
Applicant: Mpumelelo Nosilela; Respondent: Transport and Allied Workers Union of South Africa
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
6 March 2015
Case Number
P83/11
Procedural Posture
Urgent Application / Application for Writ of Execution Following Arbitration Award
Outcome
Application dismissed.
Judges
Lallie
Legal Topics
Enforcement of Arbitration Award, Writ of Execution, Unfair Dismissal, Remuneration Claim
Labour Law Civil Procedure Enforcement of Arbitration Award Writ of Execution Unfair Dismissal Remuneration Claim

Case Brief

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Parties

Mpumelelo Nosilela

Applicant

Transport and Allied Workers Union of South Africa

Respondent

Procedural Posture

Urgent Application / Application for Writ of Execution Following Arbitration Award

Legal Issues

  1. 1 Whether the applicant is entitled to a writ of execution for remuneration allegedly due between the date of reinstatement ordered by arbitration and the date of actual reinstatement.
  2. 2 Whether the Labour Court has jurisdiction to grant a writ of execution for remuneration not specified in the arbitration award.
  3. 3 Whether the applicant has a legal basis for the relief sought.

Ratio Decidendi

The court found that the applicant was not entitled to a writ of execution for remuneration allegedly due between the date of reinstatement ordered by the arbitration award and the date of actual reinstatement, as no judgment exists requiring the respondent to pay the claimed amount. The cause of action relied upon by the applicant is different from that forming the basis of the arbitration award, and there is no legal basis or legislation enabling the Labour Court to grant the relief sought. The enforcement of arbitration awards is governed by the Labour Relations Act, which excludes the relief claimed. Consequently, the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.