Top v Top Reizen CC (J1307/04) [2006] ZALC 43; (2006) 27 ILJ 1948 (LC) (14 March 2006)

Top v Top Reizen CC (J1307/04) [2006] ZALC 43; (2006) 27 ILJ 1948 (LC) (14 March 2006)

The court held that the arbitration award must be made an order of court under section 158(1)(c) of the Labour Relations Act. Section 143(2) of the Act mandates that interest on an award runs from the date of the award unless the arbitrator directs otherwise. However, the respondent validly tendered payment of the compensation on 29 November 2005, which exonerates it from liability for interest accruing after that date. The applicant's conduct in launching multiple abortive applications and delaying enforcement of the award was found to be reprehensible and an abuse of process. Consequently, the applicant was ordered to pay the costs of the application on an attorney and client scale.

Citation
[2006] ZALC 43
Parties
Applicant: Gerrit Top; Respondent: Top Reizen CC
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 March 2006
Case Number
J1307/04
Procedural Posture
Section 158 Application / Application to Make Arbitration Award an Order of Court
Outcome
Application granted in part; arbitration award made an order of court; respondent not liable for interest after date of tender; applicant to pay costs on attorney and client scale.
Judges
D Van Zyl
Legal Topics
Arbitration Award Enforcement, Mora Interest, Abuse of Process, Costs Award
Labour Law Civil Procedure Arbitration Award Enforcement Mora Interest Abuse of Process Costs Award

Case Brief

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Parties

Gerrit Top

Applicant

Top Reizen CC

Respondent

Procedural Posture

Section 158 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 is liable for interest on the compensation awarded after the date of tender of payment.
  3. 3 Whether the applicant's conduct constitutes an abuse of process justifying a punitive costs order.

Ratio Decidendi

The court held that the arbitration award must be made an order of court under section 158(1)(c) of the Labour Relations Act. Section 143(2) of the Act mandates that interest on an award runs from the date of the award unless the arbitrator directs otherwise. However, the respondent validly tendered payment of the compensation on 29 November 2005, which exonerates it from liability for interest accruing after that date. The applicant's conduct in launching multiple abortive applications and delaying enforcement of the award was found to be reprehensible and an abuse of process. Consequently, the applicant was ordered to pay the costs of the application on an attorney and client scale.

Court Disposition

Application granted in part; arbitration award made an order of court; respondent not liable for interest after date of tender; applicant to pay costs on attorney and client scale.

Orders

  • The arbitration award made on 8 March 2001 under case no GA 52967 is hereby made an order of this Court.
  • The respondent is not liable for legal interest on the amount of the said award subsequent to 29 November 2005.