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South Africa decisions
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Deacon Trust and Another v Ngwenya (LCC114/2008) [2025] ZALCC 21 (29 May 2025)
The Land Claims Court ordered compliance with an earlier land-vacation order, but declined civil contempt relief, finding wilfulness made out yet mala fides not proved beyond reasonable doubt.
Director General: Department of Employment and Labour and Another v Green Secure Group (P76/2018) [2019] ZALCPE 16; (2020) 41 ILJ 189 (LC) (23 August 2019)
The Labour Court held it retained jurisdiction over a compliance-order application that was pending when section 77A(a) of the BCEA was repealed.
National Bargaining Council for the Clothing Manufacturing Industry (Cape) v J n' B Sportswear CC and Another (C489/2010) [2011] ZALCCT 4; [2011] 8 BLLR 756 (LC) (3 March 2011)
The arbitrator's findings on all three points in limine were unsustainable in law. The doctrine of estoppel requires proof of misrepresentation, reliance, and prejudice, none of which were established by the employer. Compliance certificates issued by the Bargaining Council are based on information provided by the employer and do not preclude the Council from enforcing its statutory duties if subsequent investigation reveals non-compliance. The arbitrator erred in holding that the Council must withdraw a compliance certificate before instituting a claim, as the certificate is merely a prima f…
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Bargaining Council of Hairdressing and Cosmetology Trade (Pretoria) v Smit t/a Hair Mistique (J 4636/01) [2002] ZALC 2; [2002] 3 BLLR 218 (LC); (2002) 23 ILJ 388 (LC) (24 January 2002)
The Labour Court held that a bargaining council could not, by collective agreement, confer jurisdiction on the court to enforce a compliance order as an award.
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