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Court — High Court — jurisdiction — employment matter — arbitral award registered with High Court — award subsequently varied by consent and made an order of the Labour Court — High Court having no jurisdiction to deal with amended award
Employment — arbitration — award — arbitral award registered with High Court — award subsequently varied by consent and made an order of the Labour Court — High Court having no jurisdiction to deal with amended award
The applicant and the first respondent were parties to an employment dispute which became the subject of arbitration proceedings, and which culminated in an arbitral award being issued. The applicant noted an appeal against the arbitral award, to the Labour Court. The first respondent caused the arbitral award to be registered as an order of the High Court and instructed the deputy sheriff to attach property in execution. Various movable goods were attached. Subsequently, the parties negotiated a settlement which culminated in the registration of a deed of settlement by the Labour Court. A dispute then arose about whether the applicant was entitled to deduct the sum assessed by the revenue authority as being due in income tax and pay it to the authority. With attachment of its property being imminent, the applicant approached the High Court for a stay of execution pending a determination by the court as to whether the deed of settlement had been breached.
Held, that the High Court had no jurisdiction. Where a party has registered an arbitral award for purposes of execution with the High Court, and a deed of settlement is subsequently, by consent, entered into and registered as an order of the Labour Court, which deed significantly alters the terms of the arbitral award, then, in the event of any further dispute, the parties are back in the hands of the Labour Court. Their remedies lie with the Labour Court, unless the arbitral award, as varied, is registered again as an order of the High Court. Section 92C(3) of the Labour Act [Chapter 28:01] allows the Labour Court to suspend the execution of its order pending its decision on an application to vary or rescind the order on grounds that it was obtained by a mistake common to both parties.
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