SAMWU obo Dorfling v Gamagara Municipality and Another (J1579/17) [2021] ZALCJHB 293 (18 September 2021)

SAMWU obo Dorfling v Gamagara Municipality and Another (J1579/17) [2021] ZALCJHB 293 (18 September 2021)

The court found that the Municipality had complied with the arbitration award by reinstating Dorfling and paying his full remuneration. The uncontested evidence showed that Dorfling was legally barred from performing certain functions due to statutory prohibitions following findings of dishonesty and the cancellation of his registration as examiner of driving licenses. The Municipality was prohibited by law from allowing Dorfling to perform those functions, and thus could not be found in contempt of court for failing to do so. The applicant failed to discharge the evidentiary burden required to establish contempt, and the application was found to be ill-conceived and vexatious.

Citation
[2021] ZALCJHB 293
Parties
Applicant: SAMWU obo Dorfling; Respondent: Gamagara Municipality; Respondent: Clement Itumeleng
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 September 2021
Case Number
J1579/17
Procedural Posture
Contempt Application / Final Judgment
Outcome
Application dismissed; rule nisi discharged; costs awarded against SAMWU.
Judges
Tlhotlhalemaje
Legal Topics
Contempt of Court, Certified Arbitration Award, Unfair Labour Practice, Remuneration, Disciplinary Proceedings
Labour Law Civil Procedure Contempt of Court Certified Arbitration Award Unfair Labour Practice Remuneration Disciplinary Proceedings

Case Brief

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Parties

SAMWU obo Dorfling

Applicant

Gamagara Municipality

Respondent

Clement Itumeleng

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the Municipality and its Municipal Manager are in contempt of court for failing to comply with a certified arbitration award.
  2. 2 Whether Dorfling was reinstated to his position and paid his remuneration as ordered.
  3. 3 Whether the Municipality is legally prevented from allowing Dorfling to perform certain functions due to statutory prohibitions.

Ratio Decidendi

The court found that the Municipality had complied with the arbitration award by reinstating Dorfling and paying his full remuneration. The uncontested evidence showed that Dorfling was legally barred from performing certain functions due to statutory prohibitions following findings of dishonesty and the cancellation of his registration as examiner of driving licenses. The Municipality was prohibited by law from allowing Dorfling to perform those functions, and thus could not be found in contempt of court for failing to do so. The applicant failed to discharge the evidentiary burden required to establish contempt, and the application was found to be ill-conceived and vexatious.

Court Disposition

Application dismissed; rule nisi discharged; costs awarded against SAMWU.

Orders

  • The rule nisi granted on 4 August 2017 is discharged, and the first and second respondents are not found to be in contempt of Court.
  • SAMWU is ordered to pay the costs of this application.