J130/01/HVR
Sneller Verbatim/HvR
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J130/01
2001-05-22
In the matter between
B A MAHLANGU Applicant
and
TEE-EFF SUPERMARKET Respondent
________________________________________________________________
J U D G M E N T
________________________________________________________________
REVELAS J:
1.The applicant applied in terms of section 158(1)(c) of Labour Relations
Act 66 of 1995 (“the Act”) for an arbitration award made in his favour,
dated 20 November 2000, to be made an order of court.
2.The matter was opposed by the respondent.
3.Mr Malebane appeared on behalf of the respondent. He stated that he wished
to oppose the application on the basis that he was not aware of the
arbitration proceedings and that he wished to bring an application for
the recission of the award.
4.It has been noted by judges of the Labour Court that there is a tendency
which is prevalent particularly amongst employers, not to comply with
awards and to oppose matters at the last minute.
5.This court would assist such a respondent if it is apparent from the
evidence that the respondent indeed intended to bring in application for
recission and show good cause.
6.At the time the application in terms of Section 158 (1)(c) was opposed by
1
JUDGMENT1
the respondent, Mr Malebane indicated that he had applied for recission
of the matter but could not provide proof thereof. I then made an order
to the effect that should the respondent fail to provide proof of
service of the application for recission on 8 May 2001, the matter would
proceed by way of default.
7.On 4 May 2001 Mr Malebane, on behalf of the respondent, filed an
application for recission. There is, however, no proof of service of
this award on the Commission of Conciliation, Mediation and Arbitration
(“the CCMA”), in other words there is no proof that the CCMA received
the application. The respondent therefore did not comply with the court
order.
8.Since there has been noncompliance with the court order and the applicant
has waited a considerable period to enforce the award in his favour, I
make the following order:
1.The award dated 20 November 2000 issued by Commissioner L Dreyer is made an
order of court.
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E. Revelas