NUMSA obo Khumalo v M&D Specialised Fasteners CC (J2332/10) [2015] ZALCJHB 28 (22 January 2015)

NUMSA obo Khumalo v M&D Specialised Fasteners CC (J2332/10) [2015] ZALCJHB 28 (22 January 2015)

The Labour Court found that the applicant's failure to sign the initial notice of motion was an irregularity committed by a lay person without legal training, and that the court has discretion to condone such noncompliance. The application to make the arbitration award an order of court was brought within the three-year prescription period, as the unsigned notice of motion and affidavit were served and filed in June 2011, before prescription would have run in November 2011. The respondent's argument that prescription was not interrupted was rejected, as the court condoned the irregularity. The respondent's conduct in failing to comply with the certified arbitration award and not alerting...

Citation
[2015] ZALCJHB 28
Parties
Applicant: NUMSA obo Alfred Khumalo; Respondent: M&D Specialised Fasteners CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 January 2015
Case Number
J2332/10
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the LRA
Outcome
Application granted. The arbitration award is made an order of court and the respondent is ordered to pay the costs of the application.
Judges
Mothibi
Legal Topics
Section 158 Application, Arbitration Award Enforcement, Prescription, Noncompliance With Court Rules
Labour Law Section 158 Application Arbitration Award Enforcement Prescription Noncompliance With Court Rules

Case Brief

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Parties

NUMSA obo Alfred Khumalo

Applicant

M&D Specialised Fasteners CC

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the LRA

Legal Issues

  1. 1 Whether the Labour Court should condone the applicant's failure to sign the initial notice of motion.
  2. 2 Whether the application to make the arbitration award an order of court was brought before the award prescribed.
  3. 3 Whether the respondent's conduct in failing to comply with the certified arbitration award warrants a costs order against it.

Ratio Decidendi

The Labour Court found that the applicant's failure to sign the initial notice of motion was an irregularity committed by a lay person without legal training, and that the court has discretion to condone such noncompliance. The application to make the arbitration award an order of court was brought within the three-year prescription period, as the unsigned notice of motion and affidavit were served and filed in June 2011, before prescription would have run in November 2011. The respondent's argument that prescription was not interrupted was rejected, as the court condoned the irregularity. The respondent's conduct in failing to comply with the certified arbitration award and not alerting...

Court Disposition

Application granted. The arbitration award is made an order of court and the respondent is ordered to pay the costs of the application.

Orders

  • The arbitration award dated 14 March 2008 is made an order of this Court.
  • The respondent is ordered to pay the costs of this application.