Sneller Verbatim/idm
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J709/03
2003-04-29
In the matter between
McVEIGH Applicant
and
RIA STARS FC Respondent
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J U D G M E N T
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LANDMAN J: Mr Martin McVeigh was employed by Ria Stars
Football Club in terms of a contract concluded in accordance
with the National Soccer League's rules. A dispute arose
between these parties. The dispute was arbitrated by an
arbitrator acting in terms of the Arbitration Act 42 of 1965.
However, Ria Stars objected to the jurisdiction of the
arbitrator. The matter was postponed by the arbitrator on
13 December 2002 to allow Ria Stars to seek a declaration in
the High Court regarding the jurisdiction of the arbitrator.
No proceedings were launched. The arbitration
recomenced and the arbitrator handed down his award on 27
February 2003. He made the following award:
1 Rio Stars is to pay McVeigh the sum of R40 000 being the
balance of the signing on feebeing the balance on his signing-
on fee and R 9 900.00 as the ampount owing on his salary.
2. Ria Stars must also pay the League an amount of R 7
500.00 as costs.
3. Both these amounts must be paid by no later than 21
March 2003.
Ria Stars has not paid these amounts. Ria Stars has
launched an application in the High Court to review the
award. This application was launched on 29 April. The
papers had not yet been served on Mr McVeigh.
Mr McVeigh has launched two applications in this
court. The first application is to have the award
made an order of court in terms of section 158(1)(c)
of the Labour Relations Act 66 of 1995. The second
application is to attach and preseve a debt which it
alleges that the National Soccer League trading as
Premier Soccer League intends to pay Ria Stars today.
The application was opposed. The crux of the
opposition relates to:
1. The jurisdiction of this court .
2. The lack of urgency
3. The lack of facts justifying the dissipation interdict.
I am satisfied that the Labour Court has
jurisdiction to make an award an order of court. This
jurisdiction to do so stems from section 157(3) of the
Labour Relations Act, read with the Arbitration Act of
1965. Section 158(1)(c) of the LRA is not applicable
to this award.
There is no urgency regarding this application,
and it must be struck off the roll.
The second application relates to an
antidissipation order. It is alleged that the matter
is urgent as the payment is to be effected today.
However, no particulars were given as to when Mr
McVeigh became aware of this debt. In any event. Rio
Stars denies that such a payment is due to be made to
it. It says that all payments due to it have been
settled. An antidissipation interdict is simply an
application for an interim or final interdict in
respect of particular facts. See Knox d'Arcy Ltd and
Others v Jamieson and Others 1995 2 SA 579 (W).
Mr McVeigh's application does not comply with the
requirements for a final interdict. Even if I assume
that it is competent for this court to grant an interim
interdict, even where it is not prayed for, the
application must fail. It has not been shown, inter
alia, that Mr McVeigh has a reasonable apprehension
that Rio Stars has no assets, that it intends hiding
its assets and intends acting in some unlawful manner
to defeat the satisfaction of the award or any order
which may be made consequent upon the award.
Both applications must therefore fail, and in the
premises:
1 The application in terms of section 150(a)(i)(c) of the
Labour Relations Act of 1995 is struck off with costs.
2 The application for an interdict is dismissed with
costs.
SIGNED AND DATED AT BRAAMFONTEIN ON 28 MAY 2003
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A A LANDMAN
JUDGE OF THE LABOUR COURT OF SOUTH AFRICA
FOR APPLICANT: SEKOAME LESOMO ATTORNEYS
FOR RESPONDENT: LANGA ATTORNEYS