Free State Gambling & Liquor Authority v CCMA (J773/15; J894/15) [2015] ZALCJHB 449;  (2015) 36 ILJ 2867 (LC) (26 June  2015) per Rabkin-Naicker J.

As from January 1, 2015 employers applying to the Labour Court to review and set aside awards must provide security if they want to suspend the operation of the awards.  The Labour Court has decided that the amendments provide for the exercise of a discretion as to whether or not security should be provided and also the amount thereof.

In this particular matter security was not required where the employer is governed by the PFMA and Treasury regulations apply.

These sub-sections of s 145 were added by the LR Amendment Act 6 of 2014 with emphasis added.

(7)   The institution of review proceedings does not suspend the operation of an arbitration award, unless the applicant furnishes security to the satisfaction of the Court in accordance with subsection (8).

(8)   Unless the Labour Court directs otherwise, the security furnished as contemplated in subsection (7) must—

(a)   in the case of an order of reinstatement or re-employment, be equivalent to 24 months’ remuneration; or

(b)   in the case of an order of compensation, be equivalent to the amount of compensation awarded.

(9)   An application to set aside an arbitration award in terms of this section interrupts the running of prescription in terms of the Prescription Act, 1969 (Act No. 68 of 1969), in respect of that award.