SAMWU and Another Umlazi Municipality (D501/09) [2009] ZALCD 14 (3 December 2009)

SAMWU and Another Umlazi Municipality (D501/09) [2009] ZALCD 14 (3 December 2009)

The court found that the respondent had failed to provide any explanation for the prolonged delay in prosecuting the review application, despite repeated opportunities and reminders. The delay was deemed unacceptable and unfair to the second applicant, who had already been awarded reinstatement and arrear wages by the SALGBC. The court rejected the respondent's argument regarding the founding affidavit, holding that the union was entitled to bring the application and depose to the relevant facts. The absence of any formal opposition or explanation for the delay led the court to grant the application, making the arbitration award an order of court and awarding costs against the respondent.

Citation
[2009] ZALCD 14
Parties
Applicant: SAMWU; Applicant: J. Madonsela; Respondent: Umlalazi Municipality
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
3 December 2009
Case Number
D501/09
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; arbitration award made an order of court; costs awarded against respondent.
Judges
Conradie AJ
Legal Topics
Section 158 1 C Application, Arbitration Award Enforcement, Unfair Dismissal, Review Proceedings Delay
Labour Law Section 158 1 C Application Arbitration Award Enforcement Unfair Dismissal Review Proceedings Delay

Case Brief

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Parties

SAMWU

Applicant

J. Madonsela

Applicant

Umlalazi Municipality

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 issued by SALGBC should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the delay in prosecuting the review application by the respondent justifies withholding enforcement of the award.
  3. 3 Whether the founding affidavit deposed to by the union's provincial secretary is proper evidence for the application.

Ratio Decidendi

The court found that the respondent had failed to provide any explanation for the prolonged delay in prosecuting the review application, despite repeated opportunities and reminders. The delay was deemed unacceptable and unfair to the second applicant, who had already been awarded reinstatement and arrear wages by the SALGBC. The court rejected the respondent's argument regarding the founding affidavit, holding that the union was entitled to bring the application and depose to the relevant facts. The absence of any formal opposition or explanation for the delay led the court to grant the application, making the arbitration award an order of court and awarding costs against the respondent.

Court Disposition

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

Orders

  • The award under case number KPD 100703, dated 6 October 2008, is made an order of court.
  • The respondent is to pay the applicants' costs in this matter.