Page 8 - KZN Business Sense 11.1

NOT IN CONTEMPT OF COURT: VAGUE SETTLEMENT

SAVES EMPLOYER FROM BAD-FAITH TRAP

Johan van Deventer, KZN Metal and Engineering Industries The Labour Court’s Key Legal Principles Reinforced navigation of LRA enforcement
Regional Manager, Bargaining Council (MEIBC). interpretation of the settlement Contempt requires proving turns potential liabilities into
Labournet agreement extended beyond precedents protecting business
The parties reached a settlement a clear order, knowledge,
agreement on 11 February 2020, the order’s plain terms, adding non-compliance, and wilful interests. Employers are
obertson later certified as an arbitration unpleaded relief such as bad faith beyond reasonable empowered to defend reasonable
and Cain award under Section 142 of the neurosurgeon referral. For HR doubt; mere delay or dispute positions without fear of punitive
R(Pty) Ltd. Labour Relations Act (LRA) on practitioners, it underscored over meaning falls short. contempt findings.
and Theo Loock 9 August 2023 which was made risks when settlements lack Drawing from Matjhabeng
Snyman Attorneys forms an
successfully an enforceable court order under specificity, potentially exposing Local Municipality v Eskom integral part of Labournet’s
appealed a Section 143. Clause 10.1 vaguely employers to sanctions despite Holdings Ltd and Secretary of the national legal offering, operating as
Labour Court stated: “The Respondent agrees genuine compliance efforts. Judicial Commission of Inquiry a specialised legal division within
contempt to assist with the completion v Zuma, the judgment clarifies
ruling in a case of the forms as required by the Successful Appeal Strategy that good-faith beliefs – even if the group and working alongside
highlighting the critical need for Applicant, as applicable to the Appealing under case no CA unreasonable – negate contempt. Labournet’s established litigation
and commercial teams. Clients
precise drafting in settlement employer.” Moses interpreted this 125, heard on 4 November therefore benefit from seamless
agreements. In a judgment as requiring employer assistance 2025 before Molahlehi JP, Djaje Practical Implications for
delivered on 14 January 2026, the with UI-2.2 forms and others AJA, and Kganyago AJA, the Employers access to both the dedicated
attorneys at Snyman Attorneys,
Labour Appeal Court set aside for Unemployment Insurance appellants – represented by A.J. including senior legal professionals
the contempt order, emphasising Fund (UIF) permanent disability Posthuma of Snyman Attorneys This ruling shields employers such as Sean Snyman and the
that non-compliance alone does benefits, but the employer – argued that the Labour Court from contempt traps in vague
not prove wilful bad faith without sought medical documentation misapplied contempt tests settlements, particularly in broader Snyman team, as well as
Labournet’s expert, nationally
clear evidence. This win, secured first, repeatedly offering help from Fakie NO v CCII Systems medical incapacity matters supported litigation capacity. This
by skilled attorneys at Snyman conditional on that evidence. (Pty) Ltd. They stressed under the Compensation for integrated structure ensures that
Attorneys, offers vital guidance for the order’s lack of clarity on Occupational Injuries and
employers, HR professionals, and Labour Court Ruling specific forms, no evidence of Diseases Act. HR teams should clients receive comprehensive,
endtoend labour law support
labour practitioners navigating Moses launched contempt Moses’s medical boarding, and audit dismissal paperwork – backed by the combined expertise
contempt of court claims. proceedings, claiming that their good-faith condition of avoiding inadvertent ‘medical of both entities. 
boarding’ labels on UI-19
medical proof, which Moses
Case Background the employer wilfully defied never supplied. forms – and insist on specialist
the order. On 19 September reports before assisting
Randall Moses, a carpenter 2024, the Labour Court found The Labour Appeal Court T: +27 (0)31 266 6570
employed by Robertson and Robertson and Cain and its meticulously dissected employees with claims. C: +27 (0)82 786 7480
Cain, sustained work-related back representative guilty of contempt, interpretation principles For labour law firms, it validates E: johanvd@labournet.com
injuries leading to exhausted sick imposing a suspended R100,000 from Natal Joint Municipal strategic appeals focusing on W: www.labournet.com
leave and limited attendance – only fine and mandating referral to Pension Fund v Endumeni textual fidelity over contextual
32 days worked. The company a neurosurgeon, payment for Municipality, rejecting judicial expansion, as seen in Capitec
conducted a fair incapacity inquiry assessment, and form completion. rewriting of ambiguous Bank Holdings v Coral Lagoon
from August to November 2019, The Court interpreted the agreements. It ruled no proof Investments. Forward-thinking
where Moses confirmed his ambiguous clause contextually, beyond reasonable doubt of practitioners can now advise
inability to work but failed to dismissing the employer’s deliberate, mala fide breach, clients confidently: Precision in SCAN
provide a promised neurosurgeon’s ‘erroneous’ UI-19 and service as the employer consistently settlement agreements averts QR CODE
report. Following his dismissal for certificate notations of medical affirmed willingness to assist costly litigation.
incapacity – not formal medical boarding as proof of formal pending documentation – a TO SEE
boarding – the employee referred boarding, and inferred bad faith reasonable stance aligned with Snyman Attorneys’ triumph VIDEO
an unfair dismissal dispute to the from non-compliance. UIF processes. demonstrates how expert

AIRWAYS ROUTE EXPANSION TAKES CITY TO

NEW HEIGHTS

atar Airways has Qatar Airways’ expansion This news follows the
announced a significant to daily flights is expected recent announcement of a new
Qexpansion of its South to enhance connectivity direct route between King
African operations, confirming between Durban and major Shaka International Airport and
that it will increase frequencies global destinations via Doha. Saint-Pierre, Réunion Island.
on the Durban–Doha route to This move will also support Lift Airlines, in partnership
seven weekly flights, effective KwaZulu-Natal’s tourism sector with Global Airways and Fly
from 1 March 2026. The move by offering greater accessibility Vetiv’Air, will assume the service
emphasises the airline’s strong for international visitors and on 26 February, marking a
confidence in the KwaZulu- providing local travellers major milestone for aviation
Natal market and its growing with more flexible options for and regional tourism. The
demand for international business and leisure travel. new connection forms part
connectivity. of a broader strategy to boost
Industry observers note that
The decision comes after robust the airline’s confidence reflects tourism, trade, and cultural
passenger growth at King Shaka broader trends in South Africa’s exchange between KwaZulu-
International Airport, which aviation recovery, with Durban Natal and the French overseas
territory. The direct link is
recorded an 11.6 percent year- emerging as a competitive hub
on-year increase in December alongside Johannesburg and expected to create easier travel
for both business and leisure,
2025. This surge highlights the Cape Town. The increased while positioning Durban as
province’s rising appetite for service is anticipated to a key gateway to the Indian
both international and domestic strengthen economic ties,
air travel, positioning Durban as boost tourism inflows, and Ocean. 
a key gateway for global tourism create new opportunities for
and trade. regional growth. W: www.durbandirect.co.za

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