Pexmart CC v Commission for Conciliation, Mediation and Arbitration and Others; Valard Bearings (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others

Two employers, Pexmart CC and Valard Bearings (Pty) Ltd, separately brought urgent applications in the Labour Court to stay the enforcement of arbitration awards ordering reinstatement and backpay to dismissed employees. Both employers had filed review applications to challenge the awards but elected not to furnish security as required by sections 145(7) and (8) of the Labour Relations Act 66 of 1995, nor did they timeously apply for exemption from providing such security. When the employees sought to enforce the awards through certification and writs of execution, the employers urgently approached the Court seeking a stay of enforcement and exemption (or reduction) of the statutory security requirement, citing financial hardship and cash flow difficulties.

Both applications were struck from the roll for lack of urgency. No order as to costs was made.

The judgment reinforces the strict application of sections 145(7) and (8) of the Labour Relations Act and sends a clear message that employers who fail to furnish security or seek exemption timeously cannot rely on self-created urgency to obtain relief. It strengthens Labour Court jurisprudence discouraging abuse of urgent procedures and underscores employees’ rights to enforce arbitration awards.