AMCU obo Members v Aberdare Cables (Pty) Ltd and Others (P135/2021) [2024] ZALCPE 3 (15 February 2024)

AMCU obo Members v Aberdare Cables (Pty) Ltd and Others (P135/2021) [2024] ZALCPE 3 (15 February 2024)

The court found that the appellant raised important questions of law and practice that warrant consideration by another court. The judge held that this is a case where the appeal should be heard, satisfying the requirements of section 17(1)(a)(ii) of the Superior Courts Act. Accordingly, leave to appeal was granted.

Citation
[2024] ZALCPE 3
Parties
Appellant: AMCU obo Members; Respondent: Aberdare Cables (Pty) Ltd; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Naledi Bisiwe N.O.
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
15 February 2024
Case Number
P135/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal is granted.
Judges
Connie Prinsloo
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Superior Courts Act, Important Questions of Law
Labour Law Leave to Appeal Reasonable Prospects of Success Superior Courts Act Important Questions of Law

Case Brief

Summary, issues, holding and outcome

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Parties

AMCU obo Members

Appellant

Aberdare Cables (Pty) Ltd

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Naledi Bisiwe N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the appellant has reasonable prospects of success on appeal.
  2. 2 Whether there are compelling reasons for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act.

Ratio Decidendi

The court found that the appellant raised important questions of law and practice that warrant consideration by another court. The judge held that this is a case where the appeal should be heard, satisfying the requirements of section 17(1)(a)(ii) of the Superior Courts Act. Accordingly, leave to appeal was granted.

Court Disposition

Leave to appeal is granted.

Orders

  • Leave to appeal is granted.
  • There is no order as to costs.