MIBCO v Osborne and Others (J4114/02)
MIBCO v Osborne and Others (J4114/02) [2003] ZALC 153; [2003] 6 BLLR 573 (LC) (7 March 2003)
The court held that awards made by arbitrators of the Dispute Resolution Centre under collective agreements are regulated by the Arbitration Act, not the Labour Relations Act. Section 158(1)(c) of the LRA does not apply to such awards, and the correct procedure for enforcement is under section 31 of the Arbitration Act. The court noted that the longstanding but erroneous reliance on section 158(1)(c) in similar applications persuades it to grant MIBCO leave to file amended notices of motion under the correct Act. The applications are postponed sine die to allow for proper procedure.
Source excerpt
- Enforcement Of Arbitration Awards
- Collective Agreements
- Jurisdiction Of Labour Court
- Section 158 1 C
- Arbitration Act Application