PLSMIDTH Buffalo (Pty) Ltd v Hlakola (DA13/17) [2018] ZALAC 40; (2019) 40 ILJ 527 (LAC); [2019] 4 BLLR 363 (LAC) (29 November 2018)

PLSMIDTH Buffalo (Pty) Ltd v Hlakola (DA13/17) [2018] ZALAC 40; (2019) 40 ILJ 527 (LAC); [2019] 4 BLLR 363 (LAC) (29 November 2018)

The Labour Appeal Court held that the Labour Court properly exercised its discretion in making the arbitration award an order of court under section 158(1)(c) of the LRA. The evidence showed that the appellant failed to comply with a clear award and did not act diligently to obtain written reasons for the review judgment. The delay in bringing the section 158(1)(c) application was attributable to the appellant's own conduct, as it requested the respondent to hold off enforcement pending its decision on appeal. The respondent was proactive in seeking enforcement, and the interests of justice required that the award be enforced without further delay. The appellant's arguments regarding...

Citation
[2018] ZALAC 40
Parties
Appellant: PLSMIDTH Buffalo (Pty) Ltd; Respondent: ElliAS Mayimayi Hlakola
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
29 November 2018
Case Number
DA13/17
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Making Arbitration Award an Order of Court
Outcome
Appeal dismissed with costs.
Judges
Waglay JP, Phatshoane ADJP, Hlophe AJA
Legal Topics
Enforcement of Arbitration Award, Section 158 Application, Judicial Discretion, Unfair Dismissal, Delay in Enforcement
Labour Law Civil Procedure Enforcement of Arbitration Award Section 158 Application Judicial Discretion Unfair Dismissal Delay in Enforcement

Case Brief

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Parties

PLSMIDTH Buffalo (Pty) Ltd

Appellant

ElliAS Mayimayi Hlakola

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Making Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the Labour Court properly exercised its discretion in making the arbitration award an order of court under section 158(1)(c) of the LRA.
  2. 2 Whether the delay by the employee in seeking enforcement of the award justified refusing the order.
  3. 3 Whether the employer's failure to obtain written reasons for the review judgment affected the enforceability of the award.

Ratio Decidendi

The Labour Appeal Court held that the Labour Court properly exercised its discretion in making the arbitration award an order of court under section 158(1)(c) of the LRA. The evidence showed that the appellant failed to comply with a clear award and did not act diligently to obtain written reasons for the review judgment. The delay in bringing the section 158(1)(c) application was attributable to the appellant's own conduct, as it requested the respondent to hold off enforcement pending its decision on appeal. The respondent was proactive in seeking enforcement, and the interests of justice required that the award be enforced without further delay. The appellant's arguments regarding...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal.