SALGBC v Ally NO (City of Johannesburg) (JR2213/11) [2015] ZALCJHB 257; [2015] 12 BLLR 1243; (2016) ILJ 223 ; [2015] JOL 33626 (LC) (14 August 2015) per Snyman AJ.
- #1Jurisdiction – jurisdiction of bargaining council to enforce costs awards in favour of council – cannot be a separate issue for determination – must be decided by arbitrator in course of individual dispute resolution proceedings.
- #2Enforcement – process for enforcement of award of costs in favour of bargaining council – normal execution process applies – cannot again be referred to council for arbitration in terms of Section 33A.
- #3Section 33A of LRA – purpose of provision – enforcement of terms and conditions of employment in bargaining council agreements – not intended for separate enforcement of costs in favour of bargaining council.
- #4Jurisdiction – bargaining council arbitrator does have jurisdiction to decide costs – therefore not an issue of jurisdiction – applicant’s claim in this instance is a bad claim – cannot be decided again.
- #5Review of award – conclusion of arbitrator correct – Arbitration award upheld
Now reported: [2015] 12 BLLR 1243 (LC
Headnote:
Bargaining councils – Collective agreements Enforcement– Bargaining council seeking to recover costs orders made in its favour against employer by purporting to enforce collective agreement in separate arbitration proceedings – Procedure misguided because costs recoverable by certification of award and obtaining writ of execution.
Now reported (2016) 37 ILJ 223 (LC).