Commission for Conciliation, Mediation and Arbitration and Another v Discovery Connect Distribution Services and Others (J930/24)
Commission for Conciliation, Mediation and Arbitration and Another v Discovery Connect Distribution Services and Others (J930/24) [2025] ZALCJHB 285 (3 July 2025)
The Court found that the respondents had partially complied with the CCMA disclosure ruling and provided a reasonable and plausible explanation for any missing documents and audio recordings. The respondents demonstrated diligent efforts to locate and supply the requested materials, and the applicant failed to prove beyond reasonable doubt that the respondents' non-compliance was wilful or mala fide. The Court held that the respondents cannot be compelled to produce information not in their possession and that mere dissatisfaction with the format or completeness of disclosure does not establi…
Source excerpt
- Contempt Of Ccma Ruling
- Disclosure Of Documents
- Wilfulness And Mala Fides
- Constructive Dismissal
- Arbitration Procedure