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

The matters concerned two separate but similar urgent applications brought in the Labour Court by employers, Pexmart CC and Valard Bearings (Pty) Ltd. In each case, an arbitration award issued under the Labour Relations Act 66 of 1995 ordered the reinstatement of an employee with backpay. Both employers launched review applications to set aside the arbitration awards but elected not to furnish security as required by section 145(7) and (8) of the LRA, nor did they timeously apply for exemption from providing such security. As a result, the awards were enforceable and the employees proceeded to certify the awards and instruct the sheriff to execute. Only once execution steps were taken did the employers urgently approach the Labour Court seeking to stay enforcement of the awards pending the outcome of the review applications, coupled with applications to be exempted from furnishing security or to provide reduced security, citing financial hardship.

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

This judgment reinforces the strict application of section 145(7) and (8) of the Labour Relations Act and underscores the Labour Court’s intolerance for employers who ignore statutory security requirements when launching review applications. It affirms that courts will not assist litigants who create their own urgency by disregarding clear legislative provisions and only seek relief once enforcement is imminent.