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ARTICLE · 24 MARCH 2016

Fishing Without A Hook

ENS
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Despite a recent court ruling, the status of enforcement awards issued by the Commission for Conciliation, Mediation and Arbitration in terms of the amended section 143 of the Labour Relations Act 66 of 1995 remains a vexing issue.

South AfricaEmployment and HR
Suemeya Hanif
Suemeya Hanif
Alfred Selman
Alfred Selman
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Despite a recent court ruling, the status of enforcement awards issued by the Commission for Conciliation, Mediation and Arbitration ("CCMA") in terms of the amended section 143 of the Labour Relations Act 66 of 1995 ("LRA") remains a vexing issue.

The recent Labour Court cases of MBS Transport CC CCMA v Three Others and Bheka Management Services v Jonathan Kekana and Two Others, while arising from different facts, essentially required a determination of the same point and were therefore heard by the court at the same hearing.

In a nutshell, the factual milieu (as the court put it) of the two cases was that they were brought before the Labour Court on an urgent basis in order to stay the enforcement of the awards that were issued and certified by the CCMA.

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