Fawu v In2food (Pty) Ltd (JA61/2013) [2014] ZALAC 31; (2014) 35 ILJ 2767 (LAC) (12 June 2014) per Sutherland AJA [Tlaletsi DJP and Coppin AJA concurring]

Appeal allowed  and Labour Court order set aside.  Approved and endorsed sentiments expressed by Labour Court about need for trade union accountability for adherence to court orders.

LAC Summary: Alleged contempt of court order by a trade union – what constitutes proof of trade union participating in an unprotected strike – meaning to be attached to a trade union and its members ‘continuing’ a strike – strike unprotected and violent- Labour Court interdicting continuation of strike- strikers ignored order- Labour Court finding union also in contempt of court – Contempt of court principles restated- whether trade union culpable of breach of court order a question of fact –  mere fact that its members are in contempt of court order is insufficient to establish breach of court order by trade union – No proof that trade union in its own right in breach of the court order.


[1] This appeal is against an order of the Labour Court which held the appellant union in contempt of a court order and imposed a fine of R500,000.  The judgment is reported as In2Food (Pty) Ltd v FAWU and Others (2013) 34 ILJ 2589 (LC).  The single ground of appeal is that there was no evidence of a breach of the court order by the appellant.  As such, the appeal turns on a finding of fact.