Law Reports
Dlamini v Thaba Strategic Services (J169/11) [2012] ZALCJHB …

Dlamini v Thaba Strategic Services (J169/11) [2012] ZALCJHB 149 (2 March 2012)

40 Reportability

Labour Law

Brief Summary

Labour Law — Arbitration awards — Application to make arbitration award an order of court — Respondent opposing application without substantive basis — No review application filed by respondent — Court granting application as award not set aside and opposition unsubstantiated. The applicant sought to have an arbitration award made an order of court under section 158(1)(c) of the Labour Relations Act. The respondent opposed the application but failed to provide any substantive justification for its opposition or to seek a review of the award. The court held that the application for the arbitration award to be made an order of court was granted, with costs, as the respondent did not establish a basis for postponement or opposition.

Full Judgment Text (Click to expand)

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[2012] ZALCJHB 149
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Dlamini v Thaba Strategic Services (J169/11) [2012] ZALCJHB 149 (2 March 2012)

REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
JUDGMENT
Not Reportable
Case no: J169/11
In the matter between
DLAMINI, WELILE
.
....................................................................................................
Applicant
and
THABA STRATEGIC SERVICES
.........................................................................
Respondent
Heard: 27 October 2011
Delivered: 2 March 2012
Summary:
_____________________________________________________________
JUDGMENT
_____________________________________________________________
SAVAGE AJ:
[1] This is an application for an arbitration award to be made an
order of the court in terms of section 158(1)(c) of the Labour

Relations Act.
1
There has been opposition by the respondent to this application.
[2] The respondent has taken no steps to apply to review the
arbitration award handed down in this matter. Instead, the respondent

brought an application from the bar to seek the postponement of the
current application. A postponement is not simply granted by
this
Court as a matter of course and without any substantive basis being
put up to justify such postponement. The respondent has
taken no
steps to make out a case which justifies the granting of the
application to postpone these proceedings. In the circumstances,
and
given that a case has not been made out to justify a postponement,
the matter must proceed.
[3] The respondent has provided no basis to this Court to support its
opposition to the application to have the award made an order
of
court. The award is one that was duly made by the CCMA in accordance
with the provisions of the Labour Relations Act..It has
not been
reviewed or set aside by this Court and no basis has been provided by
the respondent as to why this application should
not be granted.
[4] In the circumstances, the application for the arbitration award
in this matter to be made an order of this Court in terms of
section
158(1)(c) is granted with costs.
________________
SAVAGE AJ:
APPEARANCES:
FOR THE APPLICANT A. Goldberg instructed by Goldberg AttorneysFOR THE
RESPONDENT:B.M Tloubatla instructed by Tloubatla Attorneys
1
66
of 1995.

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