Moses and others v Herotel: enforcing retrospective reinstatement
MS Inc. represented the applicants.
The Labour Court distinguished arrears fixed by the original reinstatement order from remuneration arising after that judgment, and found contempt in respect of the earlier period.
Held
The court found Herotel and its financial director in contempt for non-payment of arrear remuneration and benefits for 1 November 2020 to 6 February 2024. It directed payment and interest for that period. It treated remuneration for 7 February 2024 to 2 November 2025 separately, allowing calculation after the employees provide relevant information about alternative earnings where applicable.
MS Inc. represented the eleven applicants in the Labour Court proceedings decided on 20 January 2026. They had been retrospectively reinstated following unfair dismissals. Herotel’s appeal failed and the Constitutional Court refused leave to appeal on 27 October 2025.
The enforcement dispute concerned unpaid arrear remuneration and benefits. The court drew a line at its February 2024 reinstatement judgment: amounts flowing from that order for the earlier period could not be reopened. The later period raised a separate question of liability and quantification, including information about intervening earnings where applicable.
The attached judgment sets out the full order. Read the original MS Inc. post on LinkedIn.
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Labour Court judgment (41 pages)
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