Ncanana and Another v Dual Products International (SA) CC and Others (JA150/17) [2019] ZALAC 37; [2019] 11 BLLR 1238 (LAC) (13 June 2019)

Ncanana and Another v Dual Products International (SA) CC and Others (JA150/17) [2019] ZALAC 37; [2019] 11 BLLR 1238 (LAC) (13 June 2019)

The Labour Appeal Court found that the Labour Court failed to properly exercise its discretion in awarding costs against the appellants. The joinder of Mr Koen in the contempt proceedings was not unreasonable, as his conduct was reasonably susceptible to being construed as aiding and abetting non-compliance with the certified award. The Labour Court did not adequately consider the unanswered averments regarding Mr Koen's conduct on specific dates and failed to clarify whether the settlement agreement extended to Mr Koen. The appeal was upheld, and the costs order against the appellants was set aside and replaced with no order as to costs.

Citation
[2019] ZALAC 37
Parties
Appellant: Musawenkosi Thembani Ncanana; Appellant: National Union of Metalworkers of South Africa; Respondent: Dual Products International (SA) CC; Respondent: Gerry Van Rensburg; Respondent: Stephen Van Rensburg; Respondent: Jaco Koen
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
13 June 2019
Case Number
JA150/17
Procedural Posture
Civil Appeal / Appeal Against Costs Order Following Contempt Application
Outcome
Appeal upheld; costs order against appellants set aside and replaced with no order as to costs.
Judges
Coppin, Murphy, Savage
Legal Topics
Costs in Labour Court, Contempt of Court, Joinder of Parties, Unfair Dismissal, Settlement Agreements
Labour Law Civil Procedure Costs in Labour Court Contempt of Court Joinder of Parties Unfair Dismissal Settlement Agreements

Case Brief

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Parties

Musawenkosi Thembani Ncanana

Appellant

National Union of Metalworkers of South Africa

Appellant

Dual Products International (SA) CC

Respondent

Gerry Van Rensburg

Respondent

Stephen Van Rensburg

Respondent

Jaco Koen

Respondent

Procedural Posture

Civil Appeal / Appeal Against Costs Order Following Contempt Application

Legal Issues

  1. 1 Whether the Labour Court exercised its discretion judicially in awarding costs against the appellants.
  2. 2 Whether the joinder of the fourth respondent (Mr Koen) in contempt proceedings was reasonable and justified.
  3. 3 Whether the settlement agreement extended to all respondents, including Mr Koen.

Ratio Decidendi

The Labour Appeal Court found that the Labour Court failed to properly exercise its discretion in awarding costs against the appellants. The joinder of Mr Koen in the contempt proceedings was not unreasonable, as his conduct was reasonably susceptible to being construed as aiding and abetting non-compliance with the certified award. The Labour Court did not adequately consider the unanswered averments regarding Mr Koen's conduct on specific dates and failed to clarify whether the settlement agreement extended to Mr Koen. The appeal was upheld, and the costs order against the appellants was set aside and replaced with no order as to costs.

Court Disposition

Appeal upheld; costs order against appellants set aside and replaced with no order as to costs.

Orders

  • The appeal is upheld.
  • The order of the Labour Court that the First and Second Applicants pay the Fourth Respondent's costs is set aside and replaced with: 'There is no order as to costs.'