Ilembe Outsourcing and Recruitment CC and Others v Nosango (DA10/2015) [2018] ZALAC 7; [2018] 7 BLLR 650 (LAC) (19 April 2018)

Ilembe Outsourcing and Recruitment CC and Others v Nosango (DA10/2015) [2018] ZALAC 7; [2018] 7 BLLR 650 (LAC) (19 April 2018)

The appellants did not comply with the arbitration award and subsequent court order requiring reinstatement of the respondent to his original position and workplace. Payment of the monetary award in instalments and offers of alternative employment did not constitute compliance. The appellants failed to provide a cogent explanation for their non-compliance and did not discharge the evidentiary burden to show their conduct was not wilful and mala fide. The respondent proved contempt of court against the second and third appellants beyond a reasonable doubt. However, fairness required limiting the back pay to 12 months due to lack of evidence that the respondent mitigated his losses. The...

Citation
[2018] ZALAC 7
Parties
Appellant: Ilembe Outsourcing and Recruitment CC; Appellant: Louis Martin Pheiffer; Appellant: Handsome Mpiloyenkosi Mzimela; Respondent: Monwabisi Howard Nosango
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
19 April 2018
Case Number
DA10/2015
Procedural Posture
Civil Appeal / Appeal Against Labour Court Contempt Judgment
Outcome
Appeal succeeds with costs; Labour Court order substituted. Second and third appellants found in contempt, committal suspended pending compliance.
Judges
Musi, Hlophe, Savage
Legal Topics
Contempt of Court, Reinstatement, Back Pay, Arbitration Award Enforcement, Unfair Labour Practice
Labour Law Civil Procedure Contempt of Court Reinstatement Back Pay Arbitration Award Enforcement Unfair Labour Practice

Case Brief

Summary, issues, holding and outcome

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Parties

Ilembe Outsourcing and Recruitment CC

Appellant

Louis Martin Pheiffer

Appellant

Handsome Mpiloyenkosi Mzimela

Appellant

Monwabisi Howard Nosango

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Contempt Judgment

Legal Issues

  1. 1 Whether the appellants complied with the arbitration award and subsequent court order requiring reinstatement of the respondent.
  2. 2 Whether the appellants' conduct constituted wilful and mala fide contempt of court.
  3. 3 Whether the respondent is entitled to reinstatement and back pay, and the appropriate quantum thereof.

Ratio Decidendi

The appellants did not comply with the arbitration award and subsequent court order requiring reinstatement of the respondent to his original position and workplace. Payment of the monetary award in instalments and offers of alternative employment did not constitute compliance. The appellants failed to provide a cogent explanation for their non-compliance and did not discharge the evidentiary burden to show their conduct was not wilful and mala fide. The respondent proved contempt of court against the second and third appellants beyond a reasonable doubt. However, fairness required limiting the back pay to 12 months due to lack of evidence that the respondent mitigated his losses. The...

Court Disposition

Appeal succeeds with costs; Labour Court order substituted. Second and third appellants found in contempt, committal suspended pending compliance.

Orders

  • The appeal succeeds with costs, payable by the appellants jointly and severally.
  • The order of Cele J is set aside and substituted.