Solidarity obo Bootha v Rockwell Resurces RSA (Pty) Ltd (J2043/12) [2013] ZALCJHB 72 (4 May 2013)

Solidarity obo Bootha v Rockwell Resurces RSA (Pty) Ltd (J2043/12) [2013] ZALCJHB 72 (4 May 2013)

The applicant established that the arbitration award was properly issued and not complied with by the respondent. The respondent failed to oppose the application despite proper service. The court is satisfied that the requirements of section 158(1)(c) of the Labour Relations Act are met, and it is appropriate to make the arbitration award an order of court to facilitate enforcement.

Citation
[2013] ZALCJHB 72
Parties
Applicant: Solidarity obo LJC Bootha; Respondent: Rockwell Resources RSA (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 May 2013
Case Number
J2043/12
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court
Outcome
The arbitration award under case NWKD 473-12 dated 25 April 2012 is made an order of court in terms of section 158(1)(c) of the Labour Relations Act.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Arbitration Award Enforcement, Section 158 1 C Lra
Labour Law Unfair Dismissal Arbitration Award Enforcement Section 158 1 C Lra

Case Brief

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Parties

Solidarity obo LJC Bootha

Applicant

Rockwell Resources RSA (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitration award should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the respondent's failure to comply with the arbitration award justifies enforcement by the court.

Ratio Decidendi

The applicant established that the arbitration award was properly issued and not complied with by the respondent. The respondent failed to oppose the application despite proper service. The court is satisfied that the requirements of section 158(1)(c) of the Labour Relations Act are met, and it is appropriate to make the arbitration award an order of court to facilitate enforcement.

Court Disposition

The arbitration award under case NWKD 473-12 dated 25 April 2012 is made an order of court in terms of section 158(1)(c) of the Labour Relations Act.

Orders

  • The arbitration award under case NWKD 473-12 dated 25 April 2012 is made an order of court.
  • The respondent is directed to pay the applicant an amount of R80,000.00 by no later than 14 May 2012.