Ramovha v Fidelity Security Services (Pty) Ltd (J4016/2018) [2020] ZALCJHB 87 (1 June 2020)

Ramovha v Fidelity Security Services (Pty) Ltd (J4016/2018) [2020] ZALCJHB 87 (1 June 2020)

The applicant failed to make out a case in her founding affidavit for the relief sought under section 158(1)(c) of the LRA. She did not address the existence or status of the pending review application, which is critical to the exercise of the court's discretion. The principle that a case must be made out in the founding papers is well established, and the applicant cannot rely on new arguments raised in reply or heads of argument. The respondent provided detailed evidence of the review application's prosecution, and there was no sufficient attack on its validity in the founding affidavit. Accordingly, the requirements for making the arbitration award an order of court were not met, and...

Citation
[2020] ZALCJHB 87
Parties
Applicant: Langananai Joyce Ramovha; Respondent: Fidelity Security Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 June 2020
Case Number
J4016/2018
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the LRA
Outcome
Application dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Section 158 1 C Application, Arbitration Award Enforcement, Review Application Pending, Founding Affidavit Requirements, Deemed Withdrawal of Review
Labour Law Civil Procedure Section 158 1 C Application Arbitration Award Enforcement Review Application Pending Founding Affidavit Requirements Deemed Withdrawal of Review

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Parties

Langananai Joyce Ramovha

Applicant

Fidelity Security Services (Pty) Ltd

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 applicant has made out a case for the arbitration award to be made an order of court under section 158(1)(c) of the LRA.
  2. 2 Whether the pending review application precludes enforcement of the arbitration award.
  3. 3 Whether the applicant's failure to address the review application in her founding affidavit is fatal to her case.

Ratio Decidendi

The applicant failed to make out a case in her founding affidavit for the relief sought under section 158(1)(c) of the LRA. She did not address the existence or status of the pending review application, which is critical to the exercise of the court's discretion. The principle that a case must be made out in the founding papers is well established, and the applicant cannot rely on new arguments raised in reply or heads of argument. The respondent provided detailed evidence of the review application's prosecution, and there was no sufficient attack on its validity in the founding affidavit. Accordingly, the requirements for making the arbitration award an order of court were not met, and...

Court Disposition

Application dismissed.

Orders

  • The applicant’s application in terms of section 158(1)(c) of the Labour Relations Act is dismissed.
  • There is no order as to costs.