South Africa Case Law

CCMA v MBS Transport CC and Others, CCMA v Bheka Management Services (Pty) Ltd and Others (J1807/15, J1706/15, JA94/2015)

CCMA v MBS Transport CC and Others, CCMA v Bheka Management Services (Pty) Ltd and Others (J1807/15, J1706/15, JA94/2015) [2016] ZALAC 34; [2016] 10 BLLR 999 (LAC); (2016) 37 ILJ 2793 (LAC) (28 June 2016)

Court

Labour Appeal Court

Case number

J1807/15, J1706/15, JA94/2015

Judges

C J Musi, Davis, Murphy

The Labour Appeal Court held that certified CCMA awards are enforceable without a separate writ and that the Labour Court may stay enforcement pending review.

• Enforcement Of Arbitration Awards
• Labour Relations Act Interpretation
• Stay Of Execution
• Jurisdiction Of Ccma
• Certification Of Awards
• Enforcement-of-arbitration-awards

Combrink v Doves Funerals (Pty) Ltd and Others (JR3083/06)

Combrink v Doves Funerals (Pty) Ltd and Others (JR3083/06) [2016] ZALCJHB 188 (20 May 2016)

Court

Labour Court Johannesburg

Case number

JR3083/06

Judge

Rabkin-Naicker

The court found that the arbitration award under case number MP808/06 had prescribed because the application to make the award an order of court was not served on the respondent within the three-year prescription period following the award's issuance. The stay of enforcement obtained by the respondent did not interrupt the running of prescription, as a review application does not constitute a process whereby the creditor claims payment of the debt. The Labour Appeal Court authority in Myathaza v Johannesburg Metropolitan Bus Service (SOC) Ltd t/a Metrobus and related cases was binding, confir…

Source excerpt

• Prescription Of Arbitration Awards
• Enforcement Of Arbitration Awards
• Review Of Arbitration Awards
• Labour Relations Act
• Interruption Of Prescription

MBS Transport CC v South African Municipal Workers Union (SATAWU) and Others (J1807/2015)

MBS Transport CC v South African Municipal Workers Union (SATAWU) and Others (J1807/2015) [2015] ZALCJHB 461 (6 November 2015)

Court

Labour Court Johannesburg

Case number

J1807/2015

Judge

Phatshoane

The Labour Court held that the CCMA does not have statutory authority to issue writs of execution in respect of its arbitration awards. The practice manual suggesting otherwise is ultra vires. Only the Labour Court or Magistrates' Court may issue such writs. Applications to stay or set aside writs must be made to the court that issued them. Since the writs issued by the CCMA are a nullity for lack of jurisdiction, they must be set aside. The Court further exercised its discretion to absolve the applicant in the Bheka matter from furnishing security, finding that the applicant is impecunious a…

Source excerpt

• Enforcement Of Arbitration Awards
• Stay Of Execution
• Jurisdiction Of Ccma
• Security For Review
• Powers Of Labour Court

BP Southern Africa (Pty) Ltd v National Bargaining Council for the Chemical Industry and Others (J841/09)

BP Southern Africa (Pty) Ltd v National Bargaining Council for the Chemical Industry and Others (J841/09) [2010] ZALCJHB 367 (29 January 2010)

Court

Labour Court Johannesburg

Case number

J841/09

Judge

Van Niekerk

The Labour Court is a single court with national jurisdiction, and the Cape Town Labour Court was competent to hear the review application. The applicant's reliance on common law jurisdictional rules applicable to the High Court was misplaced, as the Labour Court's jurisdiction is determined by statute, not territorial divisions. The application to make the arbitration award an order of court under s 158(1)(c) was inappropriate because the award upholds the dismissal and is not capable of execution. Even if such an application were competent, the applicant had an alternative remedy in applyin…

Source excerpt

• Jurisdiction Of Labour Court
• Enforcement Of Arbitration Awards
• Delay In Prosecution
• Application To Dismiss
• Abuse Of Process

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)

Court

Labour Court

Case number

J4114/02

Judge

A A Landman

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

Taylor v De Vries and Another (CA1/2000)

Taylor v De Vries and Another (CA1/2000) [2000] ZALAC 14 (14 June 2000)

Court

Labour Appeal Court

Case number

CA1/2000

Judges

R.W. Nugent, R.M.M. Zondo, C.R. Nicholson

The Labour Appeal Court set aside a writ of execution issued against a person not named in the judgment, holding the order bound the firm, not him personally.

• Enforcement Of Arbitration Awards
• Writ Of Execution
• Joinder And Misjoinder
• Close Corporation Liability
• Labour-law
• Writ-of-execution