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)
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