Commission for Conciliation, Mediation and Arbitration and Another v Dyasi and Another (P 71/2020) [2020] ZALCJHB 238 (26 September 2020)

Commission for Conciliation, Mediation and Arbitration and Another v Dyasi and Another (P 71/2020) [2020] ZALCJHB 238 (26 September 2020)

The court found that the respondents were properly served with subpoenas to attend the arbitration hearing but failed to comply without providing satisfactory explanations. The first respondent's affidavit did not convincingly explain his absence, and the second respondent failed to respond at all. The requirements for a contempt finding under section 142 of the Labour Relations Act were met. The respondents' conduct was deemed wilful and demonstrated disregard for the authority of the Commission. The contempt finding by the second applicant was confirmed, and a sanction of three months' imprisonment was imposed, suspended on condition of compliance with the order to appear for...

Citation
[2020] ZALCJHB 238
Parties
Applicant: Commission for Conciliation, Mediation and Arbitration; Applicant: Anthony Mare N.O; Respondent: Eugenio Dyasi; Respondent: Lynton McGill
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 September 2020
Case Number
P 71/2020
Procedural Posture
Contempt Application / Confirmation of Contempt Finding
Outcome
Contempt finding confirmed; respondents committed to imprisonment for three months, suspended on condition of compliance.
Judges
Tlhotlhalemaje
Legal Topics
Contempt of Court, Failure to Comply With Subpoena, Arbitration Proceedings, Labour Relations Act
Labour Law Civil Procedure Contempt of Court Failure to Comply With Subpoena Arbitration Proceedings Labour Relations Act

Case Brief

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Parties

Commission for Conciliation, Mediation and Arbitration

Applicant

Anthony Mare N.O

Applicant

Eugenio Dyasi

Respondent

Lynton McGill

Respondent

Procedural Posture

Contempt Application / Confirmation of Contempt Finding

Legal Issues

  1. 1 Whether the respondents failed to comply with subpoenas issued by the CCMA.
  2. 2 Whether the respondents' conduct constitutes contempt of the Commission under section 142 of the Labour Relations Act.
  3. 3 Whether the contempt finding by the second applicant should be confirmed and an appropriate sanction imposed.

Ratio Decidendi

The court found that the respondents were properly served with subpoenas to attend the arbitration hearing but failed to comply without providing satisfactory explanations. The first respondent's affidavit did not convincingly explain his absence, and the second respondent failed to respond at all. The requirements for a contempt finding under section 142 of the Labour Relations Act were met. The respondents' conduct was deemed wilful and demonstrated disregard for the authority of the Commission. The contempt finding by the second applicant was confirmed, and a sanction of three months' imprisonment was imposed, suspended on condition of compliance with the order to appear for...

Court Disposition

Contempt finding confirmed; respondents committed to imprisonment for three months, suspended on condition of compliance.

Orders

  • The second applicant's finding of contempt in respect of the first and second respondents issued on 15 August 2018 is confirmed.
  • The first and second respondents are to be committed to imprisonment for a period of three months for contempt of court.