Rothschild v AMT Construction (J1929/99) [1999] ZALC 128 (19 August 1999)

Rothschild v AMT Construction (J1929/99) [1999] ZALC 128 (19 August 1999)

The court found that the applicant had made out a case for the granting of an order in terms of section 158(1)(c) of the Labour Relations Act. The citation of the respondent as AMT Construction was permissible under the Labour Court rules, and there was no fatal defect in the citation. The intervention by AMT Placements (Pty) Limited was not justified, as it was not the employer and had no substantive connection to the proceedings. The court exercised its discretion to make the arbitration award an order of court against AMT Construction, and ordered AMT Placements (Pty) Limited to pay the applicant's costs occasioned by its intervention.

Citation
[1999] ZALC 128
Parties
Applicant: Louis Anthony Rothschild; Respondent: AMT Construction; Respondent: AMT Placements (Pty) Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 August 1999
Case Number
J1929/99
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the Labour Relations Act
Outcome
Application granted. The arbitration award is made an order of court. Costs awarded against AMT Placements (Pty) Limited for its intervention.
Judges
Stelzner
Legal Topics
Arbitration Award Enforcement, Party Citation, Costs Order, Section 158 Application
Labour Law Civil Procedure Arbitration Award Enforcement Party Citation Costs Order Section 158 Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Louis Anthony Rothschild

Applicant

AMT Construction

Respondent

AMT Placements (Pty) Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitration award granted by the CCMA should be made an order of the Labour Court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the citation of the respondent as AMT Construction is fatally defective or permissible under the Labour Court rules.
  3. 3 Whether AMT Placements (Pty) Limited, as an intervening party, should bear the costs occasioned by its intervention.

Ratio Decidendi

The court found that the applicant had made out a case for the granting of an order in terms of section 158(1)(c) of the Labour Relations Act. The citation of the respondent as AMT Construction was permissible under the Labour Court rules, and there was no fatal defect in the citation. The intervention by AMT Placements (Pty) Limited was not justified, as it was not the employer and had no substantive connection to the proceedings. The court exercised its discretion to make the arbitration award an order of court against AMT Construction, and ordered AMT Placements (Pty) Limited to pay the applicant's costs occasioned by its intervention.

Court Disposition

Application granted. The arbitration award is made an order of court. Costs awarded against AMT Placements (Pty) Limited for its intervention.

Orders

  • The arbitration award of 3 May 1999 under case number GA42154, ordering the respondent to pay the applicant R96,000.00 within 14 days, is made an order of this court.
  • AMT Placements (Pty) Limited is ordered to pay the applicant's costs occasioned by its intervention in the proceedings.