SACWU obo Sfiso and Others v MLP Distributors CC and Others (J2976/2016) [2020] ZALCJHB 86 (1 June 2020)

SACWU obo Sfiso and Others v MLP Distributors CC and Others (J2976/2016) [2020] ZALCJHB 86 (1 June 2020)

The court found that the arbitration award, which incorporated a settlement agreement for reinstatement without backpay, was sufficiently clear and that the respondents had failed to comply with its terms. In the absence of substantive opposition, the court exercised its discretion to make the award an order of...

Source-derived case information.

Citation
[2020] ZALCJHB 86
Parties
Applicant: SACWU obo Mthethwa Sfiso and 16 Others; Respondent: MLP Distributors CC; Respondent: The Workforce Group (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 June 2020
Case Number
J2976/2016
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted; arbitration award made an order of court; costs awarded against first respondent.
Judges
Tlhotlhalemaje
Legal Topics
Section 158 1 C Application, Arbitration Award Enforcement, Settlement Agreement, Costs Order
Labour Law Civil Procedure Section 158 1 C Application Arbitration Award Enforcement Settlement Agreement Costs Order

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Summary, issues, holding and outcome

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Parties

SACWU obo Mthethwa Sfiso and 16 Others

Applicant

MLP Distributors CC

Respondent

The Workforce Group (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the arbitration award issued under section 142A of the Labour Relations Act should be made an order of court under section 158(1)(c).
  2. 2 Whether the respondents have failed to comply with the arbitration award.
  3. 3 Whether a costs order should be granted against the respondents.

Ratio Decidendi

The court found that the arbitration award, which incorporated a settlement agreement for reinstatement without backpay, was sufficiently clear and that the respondents had failed to comply with its terms. In the absence of substantive opposition, the court exercised its discretion to make the award an order of court under section 158(1)(c) of the Labour Relations Act. The court further held that, in law and fairness, the applicants should not bear the costs of the application, as they were compelled to seek enforcement due to the respondents' non-compliance.

Court Disposition

Application granted; arbitration award made an order of court; costs awarded against first respondent.

Orders

  • The settlement agreement made an arbitration award in terms of section 142A of the Labour Relations Act is made an order of court under section 158(1)(c) of the Labour Relations Act.
  • The first respondent is ordered to pay the costs of this application.