National Union of Mineworkers and Others v BKH Mining Services t/a Dancarl Diamond Mine and Others (J1118/97) [1999] ZALC 177 (13 January 1999)

National Union of Mineworkers and Others v BKH Mining Services t/a Dancarl Diamond Mine and Others (J1118/97) [1999] ZALC 177 (13 January 1999)

The court found that the first respondent undertook, in the deed of settlement made an order of court, to re-employ the dismissed workers at Dancarl Diamond Mine. The respondents' reliance on the refusal of PLM, a labour broker, to re-employ the workers at Dancarl did not absolve them of their primary obligation under the order. The respondents were aware that the settlement agreement required re-employment at Dancarl and that their actions in relocating the workers to Riverton did not comply with the order. The respondents failed to provide sufficient evidence that their non-compliance was due to circumstances beyond their control. The court held that the respondents' failure to...

Citation
[1999] ZALC 177
Parties
Applicant: National Union of Mineworkers; Applicant: 10 others; Respondent: BKH Mining Services CC t/a Dancarl Diamond Mine; Respondent: W G Bartholomew; Respondent: R Vize
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 January 1999
Case Number
J1118/97
Procedural Posture
Contempt Application / Judgment
Outcome
The respondents were found guilty of contempt of court. Sentences of imprisonment were suspended on condition of compliance with the order to re-employ the applicants at Dancarl Diamond Mine within 14 days.
Judges
Grogan
Legal Topics
Contempt of Court, Settlement Agreement, Reinstatement, Labour Broker, Unfair Dismissal
Labour Law Contempt of Court Settlement Agreement Reinstatement Labour Broker Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

10 others

Applicant

BKH Mining Services CC t/a Dancarl Diamond Mine

Respondent

W G Bartholomew

Respondent

R Vize

Respondent

Procedural Posture

Contempt Application / Judgment

Legal Issues

  1. 1 Whether the respondents complied with the court order to re-employ the applicants at Dancarl Diamond Mine.
  2. 2 Whether the respondents' failure to re-employ the applicants at Dancarl amounted to wilful contempt of court.
  3. 3 Whether the involvement of a labour broker (PLM) absolved the respondents from liability under the order.

Ratio Decidendi

The court found that the first respondent undertook, in the deed of settlement made an order of court, to re-employ the dismissed workers at Dancarl Diamond Mine. The respondents' reliance on the refusal of PLM, a labour broker, to re-employ the workers at Dancarl did not absolve them of their primary obligation under the order. The respondents were aware that the settlement agreement required re-employment at Dancarl and that their actions in relocating the workers to Riverton did not comply with the order. The respondents failed to provide sufficient evidence that their non-compliance was due to circumstances beyond their control. The court held that the respondents' failure to...

Court Disposition

The respondents were found guilty of contempt of court. Sentences of imprisonment were suspended on condition of compliance with the order to re-employ the applicants at Dancarl Diamond Mine within 14 days.

Orders

  • The respondents are guilty of contempt of this Court.
  • The second, third and fourth respondents are sentenced to 15 days in prison, without the option of a fine, suspended on condition that the second and further applicants are re-employed by the first respondent within 14 days of the date of this judgment at Dancarl Diamond Mine.