Pexmart CC v Commission for Conciliation, Mediation and Arbitration and Others (2025/013668; 2025/013679) [2025] ZALCJHB 67 (13 February 2025)

Pexmart CC v Commission for Conciliation, Mediation and Arbitration and Others (2025/013668; 2025/013679) [2025] ZALCJHB 67 (13 February 2025)

The Court found that the urgency in both applications was self-created due to the applicants' failure to comply with the security provisions of section 145(7) and (8) of the Labour Relations Act. The applicants did not furnish security nor apply for exemption at the time of filing their review applications, despite knowing that enforcement could proceed. The Court held that there was no exceptional circumstance justifying urgent relief and that the applicants' conduct amounted to a disregard of statutory requirements. Consequently, the applications were struck from the roll for lack of urgency. The Court emphasized that employers must comply with the law by furnishing security or seeking...

Citation
[2025] ZALCJHB 67
Parties
Applicant: Pexmart CC; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mpho Tinus Boshielo N.O.; Respondent: Mojalefa Jacob Simelane; Respondent: Sheriff: Tshwane North; Applicant: Valard Bearings (Pty) Ltd; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Sirkhot, Imthias N.O.; Respondent: NUMSA obo SL Kekana; Respondent: Sheriff: Boksburg
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 February 2025
Case Number
2025/013668; 2025/013679
Procedural Posture
Stay Application / Urgent Application to Stay Enforcement of Arbitration Awards and Exemption From Security Pending Review
Outcome
Applications struck from the roll for lack of urgency.
Judges
M Makhura
Legal Topics
Security for Review, Urgent Application, Stay of Enforcement, Reinstatement Award, Self Created Urgency
Labour Law Civil Procedure Security for Review Urgent Application Stay of Enforcement Reinstatement Award Self Created Urgency

Case Brief

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Parties

Pexmart CC

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mpho Tinus Boshielo N.O.

Respondent

Mojalefa Jacob Simelane

Respondent

Sheriff: Tshwane North

Respondent

Valard Bearings (Pty) Ltd

Applicant

Metal and Engineering Industries Bargaining Council

Respondent

Sirkhot, Imthias N.O.

Respondent

NUMSA obo SL Kekana

Respondent

Sheriff: Boksburg

Respondent

Procedural Posture

Stay Application / Urgent Application to Stay Enforcement of Arbitration Awards and Exemption From Security Pending Review

Legal Issues

  1. 1 Whether the applicants are entitled to urgent relief to stay enforcement of arbitration awards pending review.
  2. 2 Whether the applicants should be exempted from furnishing security as required by section 145(7) and (8) of the Labour Relations Act.
  3. 3 Whether the urgency in these applications is self-created due to the applicants' failure to comply with statutory requirements.

Ratio Decidendi

The Court found that the urgency in both applications was self-created due to the applicants' failure to comply with the security provisions of section 145(7) and (8) of the Labour Relations Act. The applicants did not furnish security nor apply for exemption at the time of filing their review applications, despite knowing that enforcement could proceed. The Court held that there was no exceptional circumstance justifying urgent relief and that the applicants' conduct amounted to a disregard of statutory requirements. Consequently, the applications were struck from the roll for lack of urgency. The Court emphasized that employers must comply with the law by furnishing security or seeking...

Court Disposition

Applications struck from the roll for lack of urgency.

Orders

  • The applications are struck from the roll for lack of urgency.
  • There is no order as to costs.