SATAWU obo Manong v Fidelity Springbok Security Services (J1249/11) [2021] ZALCJHB 183 (6 July 2021)

SATAWU obo Manong v Fidelity Springbok Security Services (J1249/11) [2021] ZALCJHB 183 (6 July 2021)

The parties reached a settlement that the respondent would comply with the arbitration award and agreed that the award be made an order of court. The only remaining issue was costs. The court accepted the respondent's argument that the applicant could have enforced the award by writ of execution and that approaching the court was unnecessary. Therefore, it was appropriate that each party pay its own costs.

Citation
[2021] ZALCJHB 183
Parties
Applicant: SATAWU obo MANONG R S; Respondent: FIDELITY SPRINGBOK SECURITY SERVICES
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 July 2021
Case Number
J1249/11
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
The arbitration award is made an order of court. Each party is to pay its own costs.
Judges
L. Raphulu
Legal Topics
Arbitration Award Enforcement, Section 158 1 C Lra, Costs Award
Labour Law Arbitration Award Enforcement Section 158 1 C Lra Costs Award

Case Brief

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Parties

SATAWU obo MANONG R S

Applicant

FIDELITY SPRINGBOK SECURITY SERVICES

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Should the arbitration award be made an order of court?
  2. 2 Should the respondent be ordered to pay the costs of the application?

Ratio Decidendi

The parties reached a settlement that the respondent would comply with the arbitration award and agreed that the award be made an order of court. The only remaining issue was costs. The court accepted the respondent's argument that the applicant could have enforced the award by writ of execution and that approaching the court was unnecessary. Therefore, it was appropriate that each party pay its own costs.

Court Disposition

The arbitration award is made an order of court. Each party is to pay its own costs.

Orders

  • The arbitration award dated 8 October 2009 issued by Commissioner Raymond Dibden under case number NC1798/09 is made an order of this Court.
  • Each party to pay its own costs.