13 Years, R2.5m in Legal Fees, and a R3.1m Payout: Former Employee’s Long Fight for Justice

A former maintenance fitter who spent 13 years fighting for justice has finally been given the green light to collect his R3.19 million compensation.

The Labour Court in Cape Town ruled that Etienne Jordaan may proceed with execution of the award against RCL Foods Consumerdespite the company’s attempt to challenge the decision at the Labour Appeal Court.

The Beginning

Jordaan was employed as a maintenance fitter at a processing plant operated by the companythen known as Rainbow Farmsin Worcester.

He was dismissed in January 2013 after being accused of dishonesty related to alleged clocking offences.

Later that year, a CCMA commissioner ruled the dismissal was unfair and ordered reinstatement with back pay of over R120,000 (based on his monthly salary of about R20,000).

The Delay

The company did not reinstate him immediately. Instead, it launched a review application and obtained a stay of execution, preventing the order from being enforced.

The Labour Court dismissed that review in 2018, but the dispute continued. The company pursued further legal processes, including a declaratory application and multiple arbitration proceedings over how back pay should be calculated.

The Reinstatement

After years of litigation, Jordaan was finally reinstated in April 2020seven years after the original CCMA ruling.

The parties then agreed to refer the calculation of back pay for the period between 2013 and 2020 to private arbitration.

The Award

Arbitration concluded in February 2025 with an award ordering RCL Foods to pay Jordaan over R3.1 million, plus interest and costs.

The employer challenged that award through another review. In September 2025, the Labour Court dismissed the review, and in February 2026 it refused leave to appeal.

The company then filed a petition for leave to appeal to the Labour Appeal Court, which automatically suspended the judgment.

The Application

Jordaan responded by applying to have the judgment enforced despite the pending appeal.

Acting Judge Coen De Kock held that Jordaan satisfied the strict requirements under Section 18 of the Superior Courts Act, which allows enforcement during an appeal in exceptional circumstances.

The judge said the prolonged litigation and the company’s repeated challengesnone successfulcreated a situation that was “truly exceptional.”

The Impact

The court noted that Jordaan had:

• Spent about R2.5 million on legal costs

• Exhausted his pension fund

• Sold his car

• Seen his wife surrender an insurance policy

Further delays could leave him financially ruined before the appeal process concluded.

The Security

The company raised concerns that Jordaan now lives in Ireland, making it difficult to recover money if the appeal succeeded.

To address this, the court ordered Jordaan and his wife not to sell or further mortgage their jointly owned property in Worcester while the appeal continues.

The Order

The court ordered that the previous judgment dismissing the company’s review be put into operation immediately, allowing Jordaan to execute the award.

RCL Foods was also ordered to pay the costs of the application.

The Bottom Line

Thirteen years. R2.5 million in legal fees. A pension fund drained. A car sold. An insurance policy surrendered.

And now, finally, a court has said: enough.

Jordaan can collect his R3.1 million. The company can keep fightingbut it can’t keep him waiting any longer.