Ruselo v Sutherland Transport and Others (PA3/20) [2022] ZALAC 1; [2022] 4 BLLR 347 (LAC); (2022) 43 ILJ 1320 (LAC) (18 January 2022)

Ruselo v Sutherland Transport and Others (PA3/20) [2022] ZALAC 1; [2022] 4 BLLR 347 (LAC); (2022) 43 ILJ 1320 (LAC) (18 January 2022)

The Labour Appeal Court found that the citation of the employer by its trade name, 'Sutherland Transport', was not fatal to enforcement of the arbitration award. The evidence showed that the Sutherland Employment Trust, through its trustees and representatives, actively participated in the disciplinary and arbitration proceedings, and at no stage objected to the citation. The technical objections raised by the trust and its trustees were rejected as untenable and an abuse of process. The Labour Court erred in refusing to make the award an order of court and in failing to grant alternative relief. The award is binding and enforceable against the Sutherland Employment Trust and its trustees...

Citation
[2022] ZALAC 1
Parties
Appellant: Thembisile Ruselo; Respondent: Sutherland Transport; Respondent: Trustees for the time being of Sutherland Employment Trust; Respondent: David Stephanus Van Der Westhuizen N.O.; Respondent: Irene Marie Van Der Westhuizen N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
18 January 2022
Case Number
PA3/20
Procedural Posture
Labour Appeal / Appeal Against Dismissal of Application to Make Arbitration Award an Order of Court
Outcome
Appeal upheld; Labour Court order set aside and replaced with order making the arbitration award an order of court and declaring it binding and enforceable against the Sutherland Employment Trust and its trustees; costs awarded against the trust and its trustees.
Judges
Waglay, Coppin, Kubushi
Legal Topics
Section 158 1 C Lra, Joinder and Substitution, Trade Name Citation, Enforcement of Arbitration Award
Labour Law Section 158 1 C Lra Joinder and Substitution Trade Name Citation Enforcement of Arbitration Award

Case Brief

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Parties

Thembisile Ruselo

Appellant

Sutherland Transport

Respondent

Trustees for the time being of Sutherland Employment Trust

Respondent

David Stephanus Van Der Westhuizen N.O.

Respondent

Irene Marie Van Der Westhuizen N.O.

Respondent

Procedural Posture

Labour Appeal / Appeal Against Dismissal of Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the Labour Court erred in refusing to make the arbitration award an order of court.
  2. 2 Whether citation of the employer by its trade name instead of its formal trust name is fatal to enforcement.
  3. 3 Whether the award is binding and enforceable against the Sutherland Employment Trust and its trustees.

Ratio Decidendi

The Labour Appeal Court found that the citation of the employer by its trade name, 'Sutherland Transport', was not fatal to enforcement of the arbitration award. The evidence showed that the Sutherland Employment Trust, through its trustees and representatives, actively participated in the disciplinary and arbitration proceedings, and at no stage objected to the citation. The technical objections raised by the trust and its trustees were rejected as untenable and an abuse of process. The Labour Court erred in refusing to make the award an order of court and in failing to grant alternative relief. The award is binding and enforceable against the Sutherland Employment Trust and its trustees...

Court Disposition

Appeal upheld; Labour Court order set aside and replaced with order making the arbitration award an order of court and declaring it binding and enforceable against the Sutherland Employment Trust and its trustees; costs awarded against the trust and its trustees.

Orders

  • The appeal is upheld.
  • The order of the Labour Court dismissing the application is set aside and substituted with an order making the arbitration award an order of court in terms of section 158(1)(c) of the Labour Relations Act, 66 of 1995.