Techniflex CC and Another v Maanaso and Another (JA58/2019) [2020] ZALAC 64; (2021) 42 ILJ 366 (LAC) (13 November 2020)

Techniflex CC and Another v Maanaso and Another (JA58/2019) [2020] ZALAC 64; (2021) 42 ILJ 366 (LAC) (13 November 2020)

The Labour Appeal Court found that the Labour Court erred in holding the appellants in contempt of court. The evidence presented by the respondents was inconsistent and contradictory regarding the date of tendering services, the manner of arrival, and who turned them away. The certified arbitration award had not come to the appellants' knowledge until the contempt proceedings commenced. The Labour Court also erred in ordering fines to be paid directly to the respondents, as such fines are punitive and payable to the state. Although the respondents did not tender their services on the date specified in the award, they did so in their application for contempt. The obligation to reinstate...

Citation
[2020] ZALAC 64
Parties
Appellant: Techniflex CC; Appellant: Beatrice Tonkin; Respondent: Andrew Sello Maanaso; Respondent: Thokozani Emmanuel Zulu
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
13 November 2020
Case Number
JA58/2019
Procedural Posture
Civil Appeal / Appeal Against Labour Court Judgment and Order
Outcome
Appeal upheld; Labour Court order set aside; application for contempt dismissed; respondents to be reinstated with immediate effect and paid back-pay from date of service of contempt application; no order as to costs.
Judges
Musi, Murphy, Kathree-Setiloane
Legal Topics
Contempt of Court, Unfair Dismissal, Arbitration Award Enforcement, Reinstatement, Back Pay
Labour Law Civil Procedure Contempt of Court Unfair Dismissal Arbitration Award Enforcement Reinstatement Back Pay

Case Brief

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Parties

Techniflex CC

Appellant

Beatrice Tonkin

Appellant

Andrew Sello Maanaso

Respondent

Thokozani Emmanuel Zulu

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Judgment and Order

Legal Issues

  1. 1 Whether the appellants were in contempt of court for failing to reinstate the respondents as ordered by the arbitration award.
  2. 2 Whether the respondents tendered their services as required by the award.
  3. 3 Whether the Labour Court erred in ordering fines payable directly to the respondents.

Ratio Decidendi

The Labour Appeal Court found that the Labour Court erred in holding the appellants in contempt of court. The evidence presented by the respondents was inconsistent and contradictory regarding the date of tendering services, the manner of arrival, and who turned them away. The certified arbitration award had not come to the appellants' knowledge until the contempt proceedings commenced. The Labour Court also erred in ordering fines to be paid directly to the respondents, as such fines are punitive and payable to the state. Although the respondents did not tender their services on the date specified in the award, they did so in their application for contempt. The obligation to reinstate...

Court Disposition

Appeal upheld; Labour Court order set aside; application for contempt dismissed; respondents to be reinstated with immediate effect and paid back-pay from date of service of contempt application; no order as to costs.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the Labour Court is set aside and replaced with: (1) The application is dismissed with no order as to costs. (2) The respondents are ordered to reinstate the first and second applicants with immediate effect. (3) The respondents are ordered to pay the first and second applicants back-pay from date of...