Enforcement of Arbitration Awards

Posted: November 26, 2015 in Uncategorized

The Labour Court per Phatshoane AJ on 6 November 2015 in MBS Transport CC vs Commission for Conciliation, Mediation & Others and Bheka Management Services vs Kekana & Others found that clause 19.1.8 of the CCMA’s Practice and Procedure Manual which states that, ‘. . . Once an Award is certified, it can be executed upon delivery to the Sheriff and in terms of the LRA Amendments of 2014, and as such there is no need to approach the Labour Court for a writ to be issued first’ was ultra vires and that as such the CCMA has not been statutorily assigned with the authority to issue writs.

UPDATE: The CCMA has applied for leave to appeal against the judgments

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