Van der Westhuizen v BDM Management (Pty) Ltd

The applicant, Mr Marius van der Westhuizen, a boilermaker employed through the respondent labour broker, BDM Management (Pty) Ltd, was dismissed on 16 March 2012 after occupational health assessments determined that he could no longer work in a noise zone due to hearing loss. He referred an unfair dismissal dispute to the CCMA, where the parties concluded a settlement agreement on 28 May 2012. The agreement provided that the employer would give him the first available opportunity for re-employment should a suitable vacancy arise soonest. The settlement agreement was made an order of the Labour Court on 19 April 2013. Six years later, having not been offered re-employment, the applicant launched contempt proceedings, alleging that BDM had wilfully and mala fide failed to comply with the court order.

The application for contempt of court was dismissed. No costs order was made against the applicant.

The case illustrates the strict requirements for establishing civil contempt of court in South African labour law, particularly the need to prove wilful and mala fide non-compliance beyond reasonable doubt. It also highlights the risks of vague settlement agreements and the limits of enforcing such agreements through contempt proceedings.