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[2013] ZALCJHB 72
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Solidarity obo Bootha v Rockwell Resurces RSA (Pty) Ltd (J2043/12) [2013] ZALCJHB 72 (4 May 2013)
3
REPUBLIC OF SOUTH
AFRICA
IN THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
JUDGMENT
CASE NO: J2043/12
In the matter between:
SOLIDARITY OBO LJC
BOOTHA
...................................................................
Applicant
and
ROCKWELL RESOURCES RSA
(PTY) LTD
..............................................
Respondent
Delivered: 4 May 2013
JUDGMENT
MOLAHLEHI J
This is an application
in terms of which the applicant seeks an order making the
arbitration award dated 25 April 2012, under
case NWKD 473-12 an
order of Court in terms of section 158(1) (c) of the
Labour
Relations Act of 1995
.
The arbitration award
was consequent to the dispute which had been referred to the
Commission for Conciliation Mediation and Arbitration,
concerning
the alleged unfair dismissal of the applicant on 5 January 2012. The
arbitrator found the dismissal of the applicant
to have been
substantively unfair and accordingly made the following order:
“
[15]
The Respondent is directed to pay, towards the Applicant, an amount
equal to (4) four months’ remuneration in compensation
for this
unfair dismissal;
[16] The amount referred
to in paragraph [15] is to be calculated in accordance with the
salary the Applicant had earned at the
time of his dismissal, being R
20,000.00, per month;
[17] As such, the amount
due to what's on the Applicant accrues to R 80,000.00 and is to
become payable towards Mr Bootha by no
later than 14 May 2012; and
[18] There is no order as
to costs.”
The respondent has
failed and/or neglected to comply with the arbitration award. And
despite proper service, the respondent has
failed and/or to oppose
this application.
I am satisfied that the
applicant has made out a case, for making the arbitration award the
order of Court.
In the circumstances the
arbitration award made under case number NWKD 473-12 dated 25 April
2012, is made an order of the court
in terms of
section 158
(1) (c)
of the
Labour Relations Act of 1995
.
__
Molahlehi J
Judge of the Labour Court
of
South Africa
No appearance- matter
considered in chambers