Phiri v Magona Security (Pty) Ltd and Others (J 764/2023)
Phiri v Magona Security (Pty) Ltd and Others (J 764/2023) [2023] ZALCJHB 310 (8 November 2023)
The Labour Court is a statutory court with jurisdiction limited to matters expressly provided for in the Labour Relations Act or other statutes. The Pension Funds Act does not confer jurisdiction on the Labour Court to enforce determinations issued by the Pension Funds Adjudicator. Section 30O of the Pension Funds Act deems such determinations to be civil judgments, but does not specify that the Labour Court is the forum for enforcement. The appropriate remedy for enforcement of a determination sounding in money is the issuing of a writ of execution in the Magistrates’ Court or High Court, no…
Source excerpt
- Jurisdiction Of Labour Court
- Enforcement Of Adjudicator Determinations
- Contempt Of Court
- Pension Funds Act
- Certification Of Arbitration Awards