CCMA v MBS Transport CC, CCMA v Bheka Management Services (Pty) Ltd (J1807/15, J1706/15, JA94/2015) [2016] ZALAC 34 ; [2016] 10 BLLR 999; (2016) ILJ 2793 (28 June 2016) per CJ Musi JA (Davis JA and Murphy AJA concurring)
The LAC allowed the appeal against the reported judgment of the labour court (Phatshoane AJ) (2016) 37 ILJ 684 (LC), and clarified various issues concerning the nature and effect and the enforcement of awards and writs of execution and the power of the labour court to stay them.
LAC summary:
“Enforcement of arbitration awards – interpretation of section 143 of the LRA – court finding that certified awards are enforceable as if they were orders of the Labour Court in respect of which a writ had been issued – interpretation of section 143 does not justify practice that registrar of the Labour Court should issue writ of execution – once monetary awards are certified by the CCMA’s director they are executed as if they were orders of the Magistrates’ Court.
Contempt of court may be instituted in the Labour Court for non-monetary award.
Labour Court may stay execution of certified award pending the review application. The purpose of the new amendment of section 143 is to expedite execution of awards – Labour Court erred in finding that CCMA not having power to issue writ of execution .
Legislature provides for a fiction that grant power to CCMA which it does not have. Labour Court’s judgment set aside. “
Reported
[2016] 10 BLLR 999; (2016) 37 ILJ 2793 (LAC)
BLLR Headnote:
CCMA Awards – Enforcement – Awards enforceable as if they are order of Labour Court in respect of which writ has been issued – No need for employees to approach Labour Court to make award order of court or to ask Registrar to issue writ.