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[2013] ZALCJHB 73
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Dichaba v Phumela Labour Solutions (J2861/12) [2013] ZALCJHB 73 (4 May 2013)
REPUBLIC OF SOUTH
AFRICA
IN THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
JUDGMENT
CASE NO: J2861-12
In the matter between:
DICHABA PHILIMON
.......................................................................................
Applicant
and
PHUMELA LABOUR
SOLUTIONS
..............................................................
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 10 August 2011, under
case GAJB15132-11 made
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 suspension of the applicant on 23 May 2011. The
arbitrator found the suspension of the applicant
to have been both
procedurally and substantively unfair and accordingly made the
following award:
“
16.
The Applicant is to be compensated for ten weeks pay being the period
from his unfair suspension to the date of the hearing
being an amount
of R 14287.50 (Fourteen thousand two hundred and eighty seven Rand
and Fifty cents)
17. The Applicant should
report for duty within fourteen days of receipt of this award.
18. Effect to be given to
this award within two weeks of receipt of the award.”
The respondent has
failed and/or neglected to comply with the arbitration award. And
despite proper service, the respondent has
failed and/or neglected
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 GAJB 15132-11 dated 10
August 2011, 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
incinerators valid, South
Africa
No appearance- matter
considered in chambers.