Gauteng Department of Education v Saunders; In re: Saunders v Gauteng Department of Education (JA 108/13) [2015] ZALAC 39 ; [2015] 12 BLLR ? (LAC) (9 September 2015) per Mngqibisa-Thusi AJA [Waglay JP and Landman JA concurring]

The Labour Appeal Court allowed the appeal and remitted the matter to the Labour Court to enable the parties to ‘finalise the record within 60 days of the date of this order or to approach the Labour Court as provided in its Practice Manual for a judge of the Labour Court to manage the matter to finalisation’.

LAC summary: Enforcement of arbitration award in terms of s158(1)(c) of the LRA – arbitrator issuing award in favour of employee – employer seeking review of arbitration award – incomplete record filed and parties in disagreement in fixing date for the reconstruction – employee seeking making arbitration award an order of court – employer contending that enforcement of award impracticable due to pending review application –  Labour Court exercising discretion in making award an order of court – discretion should be exercised judicially taking into account all material facts- employer prejudiced by award made an order of court – Labour Court not taking into account employer’s effort in the reconstruction of the record – appeal upheld with costs.