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South Africa Case Law

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Labour Law [2021] ZALCD 81

MEC, Department of Economic Development and Tourism v Naidu and Others (D735/21)

MEC, Department of Economic Development and Tourism v Naidu and Others (D735/21) [2021] ZALCD 81 (10 December 2021)

Court
Labour Court Durban
Case number
D735/21
Judge
Hiralall

The court found that the applicant had made out a case for the stay of enforcement of the arbitration award pending the finalization of the review application. The applicant demonstrated that irreparable harm would result if forced to pay the award before the review is decided, as recovery from the first respondent may be impossible. The court accepted that the applicant's financial affairs are regulated by the PFMA and that its budget is sufficient to meet any obligations arising from the award. The irregular expenditure cited by the respondent was not significant compared to the department'…

Source excerpt

  • Stay Of Enforcement
  • Furnishing Of Security
  • Review Of Arbitration Award
  • Public Finance Management Act
  • Retrospective Reinstatement
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Labour Law [2021] ZALCJHB 61

Emalahleni Local Municipality v Phooko NO and Others (J396/21)

Emalahleni Local Municipality v Phooko NO and Others (J396/21) [2021] ZALCJHB 61; [2021] 9 BLLR 941 (LC); (2021) 42 ILJ 2196 (LC) (5 May 2021)

Court
Labour Court Johannesburg
Case number
J396/21
Judge
GN Moshoana

The Labour Court held that its discretion to stay the enforcement of an arbitration award under section 145(3) of the LRA is not dependent on the furnishing of security. The Court distinguished between the discretionary stay and the automatic suspension provided for in section 145(7), finding no statutory connection requiring security as a prerequisite for a stay. The applicant demonstrated a well-grounded apprehension of harm, as the award had been certified and was capable of execution, and the municipality possessed sufficient assets to meet its obligations should the review fail. The requ…

Source excerpt

  • Stay Of Enforcement
  • Furnishing Of Security
  • Review Of Arbitration Award
  • Urgent Interdict
  • Labour Relations Act Section 145
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.