South Africa Case Law

Mudadi v Coeng Consultation and Construction Engineers (Pty) Ltd and Others (J90/2024)

Mudadi v Coeng Consultation and Construction Engineers (Pty) Ltd and Others (J90/2024) [2025] ZALCJHB 15 (17 January 2025)

Court

Labour Court Johannesburg

Case number

J90/2024

Judge

G C Phakedi

The applicant failed to prove beyond reasonable doubt that the respondents' non-compliance with the court order dated 30 January 2024 was wilful and mala fide. The respondents provided sufficient evidence to create reasonable doubt regarding their intent, including allegations of the applicant's own non-compliance and subsequent dismissal. The court found that while the respondents were aware of the order and its mandatory nature, the applicant did not discharge the onus required for a contempt finding. However, the respondents remain obligated to comply with the operative provisions of the o…

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• Contempt Of Court
• Disciplinary Proceedings
• Suspension With Pay
• Settlement Agreement
• Remedies For Non Compliance

Raubenheimer v Commission For Conciliation Mediation and Arbitration and Others (J424/24)

Raubenheimer v Commission For Conciliation Mediation and Arbitration and Others (J424/24) [2024] ZALCJHB 340 (21 August 2024)

Court

Labour Court Johannesburg

Case number

J424/24

Judge

Ford

The court held that a reinstatement application to revive a withdrawn review does not suspend the enforcement of a certified arbitration award under the LRA. Only the posting of security or a properly prosecuted stay application can suspend enforcement. The respondents failed to provide any justifiable reason for non-compliance with the award, and their reliance on the pending reinstatement application was not recognized by the LRA as a valid basis to oppose contempt proceedings. The applicant proved the existence of the order and the respondents' knowledge thereof. In the absence of bona fid…

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• Contempt Of Court
• Enforcement Of Arbitration Award
• Stay Of Enforcement
• Reinstatement Application
• Review Proceedings
• Remedies For Non Compliance

Solidarity obo Van Der Linde v City of Matlosana Local Municipality and Another (J167/05)

Solidarity obo Van Der Linde v City of Matlosana Local Municipality and Another (J167/05) [2014] ZALCJHB 393 (15 October 2014)

Court

Labour Court Johannesburg

Case number

J167/05

Judge

Van Niekerk

The Labour Court held the municipality in contempt for not reinstating the employee to traffic superintendent as required by a 2008 court order.

• Contempt Of Court
• Settlement Agreement
• Reinstatement
• Remedies For Non Compliance
• Contempt-of-court
• Settlement-agreement

Saohatse v Vista University (J1496/98)

Saohatse v Vista University (J1496/98) [1999] ZALC 88 (3 June 1999)

Court

Labour Court

Case number

J1496/98

Judge

G J Marcus

The court found that the applicant's claim for a three-notch salary increase was not supported by the terms of the settlement agreement or the respondent's policy. The evidence showed that the applicant received the promotion and salary increases to which she was entitled under the policy, and any further increase would place her outside the salary scale for her position. The court held that exceptional circumstances for additional notches are intended as a reward for excellence, not for litigation. The relief sought by the applicant went beyond the express terms of the settlement agreement,…

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• Promotion Policy
• Salary Notch Increase
• Settlement Agreement Enforcement
• Remedies For Non Compliance