Article 44/2022

Under what circumstances should contempt of court proceedings be utilised instead of having a writ issued?

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Section 163 of the LRA provides that judgments and orders of the labour court may be executed as if they were judgments or orders of the high court.  Before steps are taken by a judgment creditor to sue out a writ of execution in satisfaction of the judgment in his favour, it has to be ascertained whether the judgment was in a form allowing enforcement by means of a writ.  In the case of a judgment ad pecuniam solvendam (directing the judgment debtor to pay a sum of money), it is appropriate to seek its enforcement by means of a writ of execution.  On the other hand, in the case of a judgment ad factum praestandum, an order is enforceable by means of contempt proceedings (Hendor (CC) clearly established that an order of retrospective payment of remuneration is an order ad factum praestandum, enforceable by means of contempt of court proceedings).

November 25, 2024

What are the principles governing the vicarious liability of an employer for acts committed by an employee in breach of the EEA, in terms of s60 of the EEA?

November 25, 2024

The scenario is as follows: only employees working at a bakery and not employees working at a mill were party to the disputes when referred to conciliation.  At arbitration, the union wanted to join the employees working at the mill.

Is such joinder permissible?

November 25, 2024

What is the test for unfair discrimination formulated in Harksen v Lane and consistently applied subsequently by the various courts, including, recently, Premier FMCG (Pty) Ltd t/a Blue Ribbon Bakery v FAWU (2022) 33 SALLR 277 (LC); (2022) 43 ILJ 1584 (LC)?