Myers v National Commissioner of the South African Police Service: Western Cape (C 37/2013) [2014] ZALCCT 1; [2014] 5 BLLR 461 (LC) (28 January 2014)

Myers v National Commissioner of the South African Police Service: Western Cape (C 37/2013) [2014] ZALCCT 1; [2014] 5 BLLR 461 (LC) (28 January 2014)

The Labour Court found that SAPS had not complied with the Supreme Court of Appeal order, which required Myers to be reinstated into the post he would have occupied but for his unfair dismissal—namely, commander of the Cape Town Dog Unit at Maitland. The restructuring of the unit did not extinguish the obligation to reinstate Myers to the equivalent post. However, the Court held that SAPS's non-compliance was not wilful or mala fide, as SAPS genuinely believed it was complying by offering Myers alternative posts at his previous salary level. Therefore, SAPS was not in contempt of court, but the respondents were ordered to comply with the SCA order and reinstate Myers into the correct...

Citation
[2014] ZALCCT 1
Parties
Applicant: Ivan Myers; Respondent: The National Commissioner of the South African Police Service; Respondent: The Provincial Commissioner of the South African Police Service: Western Cape
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
28 January 2014
Case Number
C 37/2013
Procedural Posture
Contempt Application / Judgment After Hearing on 11 October 2013
Outcome
Application for contempt dismissed; respondents ordered to reinstate Myers into the position of commander of the Cape Town Dog Unit at Maitland with retrospective effect.
Judges
Steenkamp
Legal Topics
Reinstatement, Contempt of Court, Unfair Dismissal, Interpretation of Court Orders
Labour Law Civil Procedure Reinstatement Contempt of Court Unfair Dismissal Interpretation of Court Orders

Case Brief

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Parties

Ivan Myers

Applicant

The National Commissioner of the South African Police Service

Respondent

The Provincial Commissioner of the South African Police Service: Western Cape

Respondent

Procedural Posture

Contempt Application / Judgment After Hearing on 11 October 2013

Legal Issues

  1. 1 Whether SAPS is in contempt of the Supreme Court of Appeal order to reinstate Myers to the position he held before dismissal.
  2. 2 Whether the restructuring of the dog unit affects the obligation to reinstate Myers to his previous position.
  3. 3 Whether SAPS's non-compliance with the SCA order was wilful or mala fide.

Ratio Decidendi

The Labour Court found that SAPS had not complied with the Supreme Court of Appeal order, which required Myers to be reinstated into the post he would have occupied but for his unfair dismissal—namely, commander of the Cape Town Dog Unit at Maitland. The restructuring of the unit did not extinguish the obligation to reinstate Myers to the equivalent post. However, the Court held that SAPS's non-compliance was not wilful or mala fide, as SAPS genuinely believed it was complying by offering Myers alternative posts at his previous salary level. Therefore, SAPS was not in contempt of court, but the respondents were ordered to comply with the SCA order and reinstate Myers into the correct...

Court Disposition

Application for contempt dismissed; respondents ordered to reinstate Myers into the position of commander of the Cape Town Dog Unit at Maitland with retrospective effect.

Orders

  • The application is dismissed.
  • The respondents are ordered to reinstate the applicant, Mr Myers, into the position of commander of the Cape Town Dog Unit (or K9 Unit) at Maitland with retrospective effect to the date of his dismissal.