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FAWU obo Beukes v Cold Chain (Pty) Ltd and Others (JR1545/11) [2021] ZALCJHB 424 (5 November 2021)
The Labour Court held that the review had lapsed and could not be dismissed under Rule 11, but made the arbitration award an order of court.
Mathosi and Others v Kintetsu World Express (Pty) Ltd and Another (J1357/07) [2008] ZALCJHB 81 (31 March 2008)
The Labour Court dismissed an application to make a CCMA settlement agreement an order of court, finding no proven non-compliance with the agreement.
Mathosi and Others v Kintetsu World Express (Pty) Ltd and Another (J 1357/07) [2008] ZALC 41; (2008) 29 ILJ 2785 (LC) (31 March 2008)
The court found that the applicants failed to establish non-compliance with the settlement agreement. The meeting held on 27 March 2006 addressed the rationale and scope of the job evaluation exercise as required by the agreement, and the applicants' own representative confirmed that the objectives of the agreement were met. The court applied the Plascon-Evans test and resolved the factual dispute in favour of the respondents, finding no basis to exercise its discretion to make the settlement agreement an order of court. The court also found it inappropriate to grant declaratory relief or spe…
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