A former RCL Foods employee has been awarded R3.19 million by the Labour Court following a protracted 13-year legal battle, with the court allowing him to enforce the payout despite the company’s attempt to appeal the decision. The ruling, delivered on Monday, marks a significant victory for Etienne Jordaan, who initiated the claim in 2013.
The case, initially heard by the Commission for Conciliation, Mediation and Arbitration (CCMA), centered on the fairness of Jordaan’s dismissal. RCL Foods contested the arbitration award, seeking a review of the decision at the Labour Appeal Court. However, the Labour Court dismissed the company’s challenge, clearing the way for Jordaan to receive the substantial compensation.
According to court documents, the dispute arose from allegations of misconduct against Jordaan. The details of the misconduct, as reported by IOL, involved the alleged removal of a frying pan from a client’s property. The arbitrator originally ruled the dismissal substantively unfair, ordering reinstatement with back pay. RCL Foods then sought to overturn this ruling.
The Labour Court’s decision, as reported by conviction.co.za, allows Jordaan to proceed with enforcing the R3.19 million award, even while RCL Foods considers further legal options. This is a rare outcome, as appeals often lead to a suspension of enforcement until the appeal process is complete.
A separate case, Jordaan v RCL Foods Consumer (Pty) Ltd (Case No: 2026/046067), currently before the Labour Court in Cape Town, involves a different set of issues. This case, as detailed in a summary on saflii.org, concerns the review of an arbitrator’s conduct and findings in a separate dispute involving RCL Foods. The court is examining whether the arbitrator’s actions during cross-examination constituted a gross irregularity and whether the evidence was properly assessed.
The Labour Court is also considering a case involving RCL Foods Suger-Komati Mill and the National Food and Allied Workers Union, as documented on jibudocs.com. This case focuses on whether the arbitrator’s conduct and findings are subject to review, specifically regarding the dismissal of Ntando Nkuna, an RCL Foods employee accused of misconduct. The court is evaluating whether the arbitrator overstepped their role during cross-examination and failed to apply the balance of probabilities test when evaluating evidence.
The Labour Court’s Johannesburg roll for July 21-25, 2025, as published on the Judiciary website, lists a review case involving RCL Foods Consumer (Pty) Ltd and the CCMA, scheduled for hearing. This indicates ongoing legal scrutiny of RCL Foods’ labor practices.
