NUMSA v Total Service Station (J4070/00) [2002] ZALC 121; [2002] 11 BLLR 1093 (LC); (2002) 23 ILJ 1835 (LC) (13 February 2002)

NUMSA v Total Service Station (J4070/00) [2002] ZALC 121; [2002] 11 BLLR 1093 (LC); (2002) 23 ILJ 1835 (LC) (13 February 2002)

The court found that, due to the new evidence regarding the true identity of the employer and the commercial connection between Total Service Station and OR Motors CC, it could not find beyond reasonable doubt that the respondents were in contempt of the court order. The citation issue was clarified by a declarator, but no contempt order was granted. The respondents were found to have unnecessarily prolonged the matter and played a 'cat and mouse' game, justifying a costs order against them.

Citation
[2002] ZALC 121
Parties
Applicant: NUMSA; Respondent: Total Service Station
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 February 2002
Case Number
J4070/00
Procedural Posture
Contempt Application / Application for Declaratory and Committal Orders Following Non Compliance With Arbitration Award Made an Order of Court
Outcome
Application for contempt and committal dismissed; declarator granted regarding the identity of the employer; costs awarded against respondents.
Judges
E Revelas
Legal Topics
Contempt of Court, Arbitration Award Enforcement, Joinder, Costs Order
Labour Law Civil Procedure Contempt of Court Arbitration Award Enforcement Joinder Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

NUMSA

Applicant

Total Service Station

Respondent

Procedural Posture

Contempt Application / Application for Declaratory and Committal Orders Following Non Compliance With Arbitration Award Made an Order of Court

Legal Issues

  1. 1 Whether the respondents are in contempt of the Labour Court order making the arbitration award an order of court.
  2. 2 Whether the citation of the respondent was correct and whether amendment is permissible without joinder.
  3. 3 Whether costs should be awarded against the respondents.

Ratio Decidendi

The court found that, due to the new evidence regarding the true identity of the employer and the commercial connection between Total Service Station and OR Motors CC, it could not find beyond reasonable doubt that the respondents were in contempt of the court order. The citation issue was clarified by a declarator, but no contempt order was granted. The respondents were found to have unnecessarily prolonged the matter and played a 'cat and mouse' game, justifying a costs order against them.

Court Disposition

Application for contempt and committal dismissed; declarator granted regarding the identity of the employer; costs awarded against respondents.

Orders

  • The application for contempt and committal is dismissed.
  • It is declared that the first respondent, Total Service Station, also does business under the name and style of OR Motors CC, t/a Total Service Station.