Emalahleni Local Municipality v Moloko Ephraim Phooko N.O. and Others

Mr N Rapolae was appointed in 2013 as Head of Traffic and Security of Emalahleni Local Municipality. In 2016 he was transferred to a new position, which he challenged through an internal grievance. After the grievance process he refused to report for duty, was suspended, and following a disciplinary hearing was dismissed in October 2019. He referred an unfair dismissal dispute to the South African Local Government Bargaining Council, which on 18 December 2019 issued an arbitration award ordering his reinstatement with backpay. The Municipality launched a review application in January 2021, which was still pending. In March–April 2021 the employee took steps to certify the award and execute against the Municipality’s assets. The Municipality urgently approached the Labour Court to stay enforcement of the award under section 145(3) of the Labour Relations Act (LRA) and sought exemption from furnishing security under section 145(7).

The application was heard as urgent; enforcement of the arbitration award was stayed pending finalisation of the review application; the applicant was exempted from furnishing security under section 145(7) and (8) of the LRA; and no order as to costs was made.

The judgment clarifies the relationship between sections 145(3) and 145(7) of the Labour Relations Act, confirming that the Labour Court retains an independent discretion to stay enforcement of arbitration awards irrespective of security. It provides important guidance on stays of execution pending review and the circumstances in which exemption from security may be granted, particularly for public sector employers.