South Africa Case Law

Bhekani Abantu Services (Pty) Ltd v Redelinghuys and Others (J145/24)

Bhekani Abantu Services (Pty) Ltd v Redelinghuys and Others (J145/24) [2024] ZALCJHB 102; (2024) 45 ILJ 1242 (LC) (4 March 2024)

Court

Labour Court Johannesburg

Case number

J145/24

Judge

M Makhura

The Labour Court rejected motor vehicles as inadequate security for a review stay, but allowed the employer 21 days to provide acceptable security by paying the award into its attorneys' trust account.

• Security For Award
• Stay Of Execution
• Review Of Arbitration Award
• Labour Relations Act Section 145
• Form Of Security
• Security-for-award

Vuselela Tvet College v General Public Service Sectoral Bargaining Council and Others (JR1785/22)

Vuselela Tvet College v General Public Service Sectoral Bargaining Council and Others (JR1785/22) [2024] ZALCJHB 25 (2 February 2024)

Court

Labour Court Johannesburg

Case number

JR1785/22

Judge

M Makhura

The Labour Court refused to exempt Vuselela TVET College from furnishing security and dismissed its bid to stay an arbitration award pending review.

• Security For Review
• Stay Of Arbitration Award
• Labour Relations Act Section 145
• Exemption From Security
• Arbitration Award Enforcement
• Labour-law

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

City of Johannesburg v SAMWU obo Monareng and Another (JA120/2017)

City of Johannesburg v SAMWU obo Monareng and Another (JA120/2017) [2019] ZALAC 54; (2019) 40 ILJ 1753 (LAC) (20 March 2019)

Court

Labour Appeal Court

Case number

JA120/2017

Judges

Phatshoane, Sutherland, Kathree-Setiloane

The Labour Appeal Court held that the MFMA does not prohibit a municipality from furnishing security for debt obligations arising from arbitration awards. Section 145(8) of the LRA applies to all employers, public and private, and the Labour Court has discretion to exempt or reduce security only upon good cause shown. The appellant demonstrated financial stability, a substantial asset base, and a high credit rating, and the requirement to provide security in multiple pending matters would have a significant impact on its ability to deliver services. The Labour Court failed to provide reasons…

Source excerpt

• Security For Costs
• Stay Of Enforcement
• Municipal Finance Management Act
• Labour Relations Act Section 145
• Public Sector Employer Liability

Rustenburg Transitional Local counsel v Siele and Others (J1401/98)

Rustenburg Transitional Local counsel v Siele and Others (J1401/98) [1999] ZALC 125 (18 August 1999)

Court

Labour Court

Case number

J1401/98

Judge

Stelzner

The Labour Court refused condonation for a late review of a CCMA arbitration award, finding the explanation for the delay inadequate and the review out of time.

• Condonation
• Late Filing Of Review
• Arbitration Award
• Labour Relations Act Section 145
• Good Cause Requirement
• Late-filing