Mtshali v Imperial Motor Holdings (Pty) Ltd t/a Mercedes Benz Commercial: East Rand (J3051/12) [2015] ZALCJHB 438 (18 December 2015)

30 Reportability

Brief Summary

Labour Law — Arbitration Award — Application to make arbitration award an order of court dismissed — Applicant sought to enforce an arbitration award issued in 2009 — The award was reviewed and set aside in a separate judgment — Court held that the application could not succeed as the basis for the relief claimed was no longer valid.

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[2015] ZALCJHB 438
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Mtshali v Imperial Motor Holdings (Pty) Ltd t/a Mercedes Benz Commercial: East Rand (J3051/12) [2015] ZALCJHB 438 (18 December 2015)

IN
THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG
Not
Reportable
Case
no: J3051/12
In the
matter between:
MTSHALI,
VELAPHI AMOS

Applicant
and
IMPERIAL
MOTOR HOLDINGS (PTY) LTD t/a
MERCEDES
BENZ COMMERCIAL: EAST RAND

Respondent
Heard:
01 July 2014
Delivered:
18 December 2015
Summary:
Application to make an arbitration award an order of court dismissed.
JUDGMENT
WATT-PRINGLE
AJ
[1] This
is an application in terms of section 158(1)(c) of the Labour
Relations Act No. 66 of 1995 (“the LRA”) to make
the
arbitration award issued by Adv. Russel Moletsane, as arbitrator,
dated 13 November 2009 (“the award”), an order
of court.
[2] In
terms of the judgment under case number JR3251/2009, handed down
simultaneously herewith, the award has been reviewed and
set aside.
It follows that I cannot accede to the relief claimed in this
application.
[3] This
application is therefore dismissed with no order as to costs.
______________________
CE
Watt-Pringle AJ
APPEARANCES:
FOR THE
APPLICANT:
In person
FOR THE
RESPONDENT:
Mr S Snyman of Snyman Attorneys