Communication Workers Union v Tlhalafeng Placements and Another (D 306/11) [2010] ZALC 318 (5 August 2010)
- Citation
- [2010] ZALC 318
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Court
- Panel
- Steenkamp
- Case number
- D 306/11
More details
- Court
- Labour Court
- Panel
- Steenkamp
- Case number
- D 306/11
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, although the conclusion was reached without comfort, there is a reasonable prospect that another court may interpret the consent order differently and may find that the respondents did not comply or acted mala fide. Given this prospect, leave to appeal was granted to allow further judicial scrutiny of the interpretation and compliance with the consent order.
Court disposition
Leave to appeal granted.
Orders
- Leave to appeal is granted.
- Costs are to be costs in the appeal.
02
Material facts
Parties
Communication Workers Union
Applicant Counsel: M Pillemer SCTlhalafeng Placements
Respondent Counsel: M de KlerkD Siyakhane
Respondent Counsel: M de Klerk03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Application Judgment
04
Questions and positions
Legal issues
- 01
What is the proper meaning of the consent order dated 19 April 2011 regarding reinstatement of remuneration and benefits.
- 02
Whether the respondents complied with the court order of 19 April 2011.
- 03
Whether the respondents acted mala fide and fraudulently in their conduct.
Party arguments
- Applicant
- The applicant contends that the respondents failed to comply with the consent order of 19 April 2011, which required immediate reinstatement of remuneration and benefits to its members. The applicant further argues that the respondents acted mala fide and fraudulently in their purported compliance.
- Respondent
- The respondents maintain that they complied with the court order as interpreted and did not act mala fide. They argue that their actions were in accordance with the terms of the consent order and that there was no fraudulent intent.
05
Court’s reasoning
Legal principles
- 01
Consent order dated 19 April 2011
A consent order must be interpreted according to its plain wording and the intention of the parties at the time it was made.
- 02
Relevant Labour Court jurisprudence
Contempt of court requires proof of non-compliance with a court order and mala fide conduct.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, although the conclusion was reached without comfort, there is a reasonable prospect that another court may interpret the consent order differently and may find that the respondents did not comply or acted mala fide. Given this prospect, leave to appeal was granted to allow further judicial scrutiny of the interpretation and compliance with the consent order.
Obiter and limits
- The judge noted obiter that the conclusion did not provide formal comfort, suggesting the matter is not free from doubt and warrants appellate consideration.
Court disposition
Leave to appeal granted.
- Leave to appeal is granted.
- Costs are to be costs in the appeal.
Source and reliance status
Labour Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court
Order
Not reportable
Of interest to other judges
IN THE LABOUR COURT OF SOUTH
AFRICA
HELD AT DURBAN
Case no: D 306/11
In the matter between:
COMMUNICATION WORKERS UNION ...........................................Applicant
and
THLALAFENG PLACEMENTS ............................................First respondent
D
SIYAKHANE ................................................................Second respondent
judgment
STEENKAMP J:
Introduction
[1] This is an application for leave to appeal against my judgement in an urgent application handed down on one June 2011. In that
judgement, I dismissed an application for a rule nisi declaring the respondents to be in contempt of a court order; joining the second respondent to the proceedings; and permitting him to detention in prison for a period of 15 days.
[2] The applicant only applied for leave to appeal against a portion of the judgement. It does so on the following grounds:
2.1. that I erred in finding that the respondents had complied with the court order of the Honourable Justice Cele dated 19th of April 2011; and
2.2. that I erred in finding that the respondents had not acted mala fide.
[3] The issue that is raised by the proposed appeal is what is the proper meaning of the consent order of 19 April 2011 that reads as follows:
“The respondent is ordered to immediately reinstate the remuneration and further benefits of the contract of employment to the applicants
members with effect from April 2011."
[4] The further ground is that, on a reasonable interpretation of the order, the respondents acted mala fide and fraudulently.
[5] In my judgement, I noted obiter that the conclusion to which I have come did not formally with any sense of comfort. It stands to reason that there is a reasonable prospect of another court coming to a different conclusion.
[6] Leave to appeal is granted. Costs are to be costs in the appeal.
_______
STEENKAMP J
Date of judgment: 5 August 2010
For the applicants: M Pillemer SC
Instructed by: Brett Purdon attorneys, Durban.
For the respondent: M de Klerk
Instructed by Mashiane, Moodley & Monama Inc.
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