The end of tactical review? Navigating section 145(3), (7) and (8) post-amendment in JDJ Diagnostics v Kruger

Carlos Joel Tchawouo Mbiada
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Carlos Joel Tchawouo Mbiada: University of Venda

International Journal of Research in Business and Social Science (2147-4478), 2025, vol. 14, issue 7, 668-672

Abstract: This case note critically analyses the Labour Court’s decision in JDJ Diagnostics (Pty) Ltd v Michael Kruger and Others under Case No: D705/2023 delivered on 30 April 2025 (JDJ Diagnostics), which highlights the procedural firmness required in applications to stay the enforcement of arbitration awards under the Labour Relations Act 66 of 1995 (LRA). JDJ Diagnostics’ failure to substantiate its claim of urgency, comply with section 145(8), or justify nonconformity under section 145(3) led to the dismissal of its urgent application. The case illustrates the judiciary’s firm stance against abuse of court processes in the aftermath of the 2014 amendment of the LRA, which shifted toward formalisation in review procedures. Drawing on case law and scholarly publications, the case note explores how the court’s reasoning reflects broader trends in labour dispute resolution, reinforcing the binding nature of arbitration awards and the evidentiary burden on employers seeking to delay enforcement. The judgment confirms that the furnishing of security is no longer discretionary but foundational, marking a continued evolution towards enforcement, fairness, and efficiency in the speedy resolution of disputes in the South African labour law landscape. Key Words: Arbitration awards; stay of enforcement; security; review

Date: 2025
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