Ndolo Judas Baloyi v G4S Secure Solutions (SA) (Pty) Ltd and Another

The applicant, a security officer employed by G4S Secure Solutions (SA) (Pty) Ltd, was dismissed in September 2016. Following a dispute referred to the CCMA, the parties concluded a settlement agreement in January 2017, later made an arbitration award under section 142A of the Labour Relations Act. The agreement provided for the applicant’s retrospective reinstatement, assistance with travel from Polokwane to Pretoria, reporting for duty on 1 February 2017, and payment of February 2017 rental expenses. The applicant alleged that despite reporting for duty, he was not reinstated and that the respondents failed to comply with the award. In October 2023, he launched contempt proceedings. The respondents contended that the applicant was reinstated, transported to Pretoria, placed at a site, rendered services for a few days, thereafter absconded, and was dismissed following a disciplinary process. They denied contempt and challenged the citation of the second respondent, a contract manager.

The rule nisi issued on 16 November 2023 was discharged. The contempt application was dismissed. The second respondent was excused from the proceedings. No order as to costs was made.

The case reinforces the strict requirements for contempt of court in labour matters, particularly where settlement agreements are made arbitration awards. It underscores the application of the Plascon-Evans rule in motion proceedings, the need for prompt enforcement of labour awards, and clarifies that only properly cited individuals with direct responsibility for compliance may be held liable for contempt.