Motor Industry Bargaining Council v Suliman (JS2561/10, J29/14, J304/14) [2015] ZALCJHB 165 (2015) ILJ 2644 (LC) (29 May 2015) per Mooki AJ

The Labour Court granted leave to appeal as the issue was somewhat novel.  ‘In particular, the question of whether or not the Labour Court can sanction a “civil penalty” in the manner set out in the decision by the Supreme Court of appeal in Mouton v Boland Bank 2001 (3) SA 877 (SCA) does not appear to have been considered by the Labour Court or by the Labour Court of Appeal.  A determination of this question is inextricably linked with the jurisdiction of the Labour Court itself on this subject’.

The Labour Court decided that the question ought to enjoy the attention of the Labour Court of Appeal. The only question is thus: whether the Labour Court is competent to impose a civil penalty by obliging a person who was a member of a close corporation at the time of the deregistration of such a close corporation liable for liabilities of a close corporation as at the time of the deregistration of such a close corporation.