Dispute resolution under the Labour Relations Act: Practical omplications of the amendments to section 145 on the furnishing of security
Authors Yolande Springveldt
Affiliations: Admitted Attorney of the Gauteng North High Court; Lecturer in Mercantile Law, University of Pretoria
Source: Industrial Law Journal, Volume 38 Issue 1, 2017, p. 63 – 79
A review application in terms of s 145 of the Labour Relations Act is valuable in remedying a defective arbitration award granted in favour of an employee but has proven to be somewhat challenging. Undue delays, generally by employers, in finalising the prosecution of these applications, have been identified as a particular concern and as a result amendments to s 145 reviews were introduced. They provide particularly for the furnishing of security in order to stay the enforcement of an arbitration award. Although the aim is to eradicate the abuse of the proceedings by employer-applicants, who instituted such applications simply to frustrate the enforcement of arbitration awards, the practical application and enforcement thereof seem to be prejudicial to both parties involved rather than address the concerns which initially gave rise to the amendments. A reading of the amended sections and related jurisprudence point to the challenging nature of s 145 reviews and the fact that our courts are grappling with how best to deal with this issue. The failure adequately to address the problem may result in the amendments becoming a hindrance to effective dispute resolution.