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Labour Appeal Court finds that security remains valid despite a review being archived

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Labour Appeal Court finds that security remains valid despite a review being archived

In CEPPWAWU obo Tabata v Aspen Pharmacare Ltd (PA17/2024) [2025] ZALAC 43 (24 July 2025), the Labour Appeal Court (LAC) confirmed that the archiving of a review does not strip the security of its effect to stay the enforceability of an arbitration award. An arbitration award remains suspended until the review application is finally determined, either on the merits or dismissed through an interlocutory application. Therefore, an employee cannot seek to enforce the award.

18 Aug 2025 1 min read Employment Law Alert Article

At a glance

  • In CEPPWAWU obo Tabata v Aspen Pharmacare Ltd (PA17/2024) [2025] ZALAC 43 (24 July 2025), the Labour Appeal Court confirmed that the archiving of a review does not strip the security of its effect to stay the enforceability of an arbitration award.
  • An arbitration award remains suspended until the review application is finally determined, either on the merits or dismissed through an interlocutory application.
  • An employee, therefore, cannot seek to enforce the award before the review application is finally determined.

15020 ALERT_Employment 18 August 2025_image 1[40]

15020 ALERT_Employment 18 August 2025_Image 2[38]

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