Food and Allied Workers Union and Others v Scandia Delicatessen CC and Another

The Food and Allied Workers Union and individual employee members obtained an Industrial Court order on 7 October 1998 directing Scandia Delicatessen CC to reinstate the individual appellants and to pay them compensation equivalent to six months’ wages, together with costs. The order was served on Scandia Delicatessen CC and its sole member, Per Bjorvig. An application by the employer for rescission was dismissed, but the employer nonetheless refused to reinstate the employees. The appellants contended that they could not obtain effective enforcement from the Industrial Court and therefore approached the High Court for a declaratory order and a mandatory interdict compelling compliance with the Industrial Court order. The High Court dismissed the application, holding that criminal prosecution under the Labour Relations Act 28 of 1956 was the appropriate enforcement mechanism.

The appeal was dismissed, and the High Court’s refusal to grant a mandatory interdict was upheld.

The case clarifies that, in labour disputes governed by the pre-1995 Labour Relations Act, criminal sanctions for non-compliance with Industrial Court orders survived repeal for pending disputes. It affirms that a mandatory interdict will not be granted where a competent and potentially effective criminal remedy exists, unless inadequacy is properly demonstrated. The decision delineates the limits of High Court intervention in enforcing labour court orders.