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[2018] ZALCJHB 158
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Matjeke v Fidelity Security Services (Pty) Ltd and Another (J1330/16) [2018] ZALCJHB 158 (3 May 2018)
Not
reportable
THE LABOUR COURT OF
SOUTH AFRICA, JOHANNESBURG
JUDGMENT
C
ase
no: J1330/16
In
the matter between:
JOEL
LESEGO MATJEKE
Applicant
and
FIDELITY
SECURITY SERVICES (PTY)
LTD
First Respondent
RODNEY
JOUBERT
Second Respondent
Heard
:
16 February 2018
Delivered
:
16 February 2018
Edited:
3 May 2018
JUDGMENT
STEENKAMP
J
Introduction
[1] On 16
February 2018, I dismissed an application to hold the second
respondent, Rodney Joubert, in contempt of Court.
[2] The
contempt application arose from the alleged failure of the
respondents to comply with an order of this Court making a settlement
agreement reached at the CCMA an order of Court. In terms of that
order, Fidelity had agreed to set up a meeting with the applicant,
Mr
Matjeke, to discuss any grievances he had; and agreed to reinstate
him.
[3] When
I dismissed the application on 16 February 2018, I provided brief
reasons
ex tempore.
The applicant has now requested full
reasons for the order. These are the reasons.
[4] When
the matter was called, I asked an attorney from the SASLAW pro bono
clinic, Ms S Taylor-Bravi, to assist the applicant,
who was
unrepresented. The respondents were represented by an attorney, Mr C
Crafford.
[5] I
stood the matter down for the parties to have a further discussion.
When the matter was called after the adjournment, Ms Taylor-Bravi
informed the Court that Fidelity had undertaken to reinstate the
applicant; and that he had to report for duty at 08:00 on Monday
19
February 2018. Mr Crafford confirmed those instructions from his
client, Fidelity.
[6] In
those circumstances, I ruled that the applicant had not shown wilful
and
mala fide
non-compliance by the respondents.
[7] The
application was dismissed.
_______________________
Steenkamp
J
Judge
of the Labour Court of South Africa
APPEARANCES
APPLICANT:
Ms
C Taylor-Bravi (attorney, SASLAW pro bono clinic).
RESPONDENTS:
Mr
C Crafford (attorney).