Steeldale (Pty) Ltd v Kwakwa and Others (J4422/2018) [2018] ZALCJHB 430 (28 December 2018)

Steeldale (Pty) Ltd v Kwakwa and Others (J4422/2018) [2018] ZALCJHB 430 (28 December 2018)

The court found that the applicant had partially complied with the arbitration award by reinstating Kwakwa and furnishing security equivalent to the compensation ordered. The review application was pending, and there was no evidence that Kwakwa would suffer prejudice if full security was not furnished. The court exercised its discretion to absolve the applicant from furnishing security equal to 24 months' remuneration, considering the reinstatement and the absence of prejudice to Kwakwa. The writ of execution was stayed, and the attachment set aside, pending the finalisation of the review application.

Citation
[2018] ZALCJHB 430
Parties
Applicant: Steeldale (Pty) Ltd; Respondent: Clement Phillip Kwakwa; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Sheriff – Polokwane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 December 2018
Case Number
J4422/2018
Procedural Posture
Urgent Application / Application to Stay Writ of Execution Pending Review
Outcome
Application granted. The writ of execution is stayed, the attachment is set aside, and the applicant is absolved from furnishing full security.
Judges
Tlhotlhalemaje
Legal Topics
Stay of Execution, Security for Review, Unfair Dismissal, Reinstatement, Arbitration Award, Urgent Application
Labour Law Civil Procedure Stay of Execution Security for Review Unfair Dismissal Reinstatement Arbitration Award Urgent Application

Case Brief

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Parties

Steeldale (Pty) Ltd

Applicant

Clement Phillip Kwakwa

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Sheriff – Polokwane

Respondent

Procedural Posture

Urgent Application / Application to Stay Writ of Execution Pending Review

Legal Issues

  1. 1 Whether the writ of execution issued under the arbitration award should be stayed pending the review application.
  2. 2 Whether the applicant should be absolved from furnishing full security as contemplated in section 145(8)(a) of the Labour Relations Act.
  3. 3 Whether the attachment effected by the Sheriff should be set aside.

Ratio Decidendi

The court found that the applicant had partially complied with the arbitration award by reinstating Kwakwa and furnishing security equivalent to the compensation ordered. The review application was pending, and there was no evidence that Kwakwa would suffer prejudice if full security was not furnished. The court exercised its discretion to absolve the applicant from furnishing security equal to 24 months' remuneration, considering the reinstatement and the absence of prejudice to Kwakwa. The writ of execution was stayed, and the attachment set aside, pending the finalisation of the review application.

Court Disposition

Application granted. The writ of execution is stayed, the attachment is set aside, and the applicant is absolved from furnishing full security.

Orders

  • The application is heard as one of urgency and non-compliance with normal time periods, forms and services is condoned.
  • The writ of execution issued by the second respondent under case number LP2756/18 is stayed pending finalisation of the review application under case number JR22446/18.