About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Durban Labour Court, Durban
SAFLII
>>
Databases
>>
South Africa: Durban Labour Court, Durban
>>
2010
>>
[2010] ZALCD 16
|
|
Communication Workers Union v Thlalafeng Placements and Another (D306/11) [2010] ZALCD 16 (5 August 2010)
Not
reportable
Of
interest to other judges
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
AT DURBAN
C
ase
No: d 306/11
In
the matter between:
COMMUNICATION
WORKERS
UNION
Applicant
and
THLALAFENG
PLACEMENTS
First respondent
D
SIYAKHANE
Second respondent
JUDGMENT
STEENKAMP
J:
Introduction
[1]
This is an application for leave to appeal
against my judgement in an urgent application handed down on one June
2011. In that judgement,
I dismissed an application for a
rule
nisi
declaring the respondents to be in
contempt of a court order; joining the second respondent to the
proceedings; and permitting
him to detention in prison for a period
of 15 days.
[2]
The applicant only applied for leave to
appeal against a portion of the judgement. It does so on the
following grounds:
2.1
that I erred in finding that the
respondents had complied with the court order of the Honourable
Justice Cele dated 19th of April
2011; and
2.2
that I erred in finding that the
respondents had not acted mala fide.
[3]
The issue that is raised by the proposed
appeal is what is the proper meaning of the consent order of 19 April
2011 that reads as
follows:
“
The
respondent is ordered to immediately reinstate the remuneration and
further benefits of the contract of employment to the applicants
members with effect from April 2011."
[4]
The further ground is that, on a reasonable
interpretation of the order, the respondents acted mala fide and
fraudulently.
[5]
In my judgement, I noted obiter that the
conclusion to which I have come did not formally with any sense of
comfort. It stands to
reason that there is a reasonable prospect of
another court coming to a different conclusion.
[6]
Leave to appeal is granted. Costs are to be
costs in the appeal.
_______________________
STEENKAMP
J
Date
of judgment:
5
August 2010
For
the applicants:
M
Pillemer SC
Instructed
by:
Brett Purdon attorneys,
Durban.
For
the respondent:
M de
Klerk
Instructed
by
Mashiane, Moodley
& Monama Inc.