Association of Mineworkers and Construction Union obo Dube v Commission for Conciliation, Mediation and Arbitration and Others (JR 1436/2020) [2022] ZALCJHB 225 (16 August 2022)
The Court found that the Third Respondent had raised grounds that warrant consideration by another court and that there are reasonable prospects of success on appeal. The factual and legal issues presented justify the granting of leave to appeal. Accordingly, leave to appeal is granted, and no order as to costs is...
Source-derived case information.
- Citation
- [2022] ZALCJHB 225
- Parties
- Applicant: Association of Mineworkers and Construction Union obo Dube; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Hendrik Oliphant N.O; Respondent: Murray and Roberts Cementation (Pty) Ltd
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR 1436/2020
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 14 June 2022.
- Outcome
- Leave to appeal is granted. No order as to costs.
- Judges
- Prinsloo
- Legal Topics
- Leave to Appeal, Reasonable Prospects of Success, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Association of Mineworkers and Construction Union obo Dube
Applicant
Commission for Conciliation, Mediation and Arbitration
Respondent
Hendrik Oliphant N.O
Respondent
Murray and Roberts Cementation (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 14 June 2022.
Legal Issues
- 1 Whether the Third Respondent has reasonable prospects of success on appeal.
- 2 Whether another court may reach a different conclusion on the facts or law.
- 3 Whether leave to appeal should be granted.
Ratio Decidendi
The Court found that the Third Respondent had raised grounds that warrant consideration by another court and that there are reasonable prospects of success on appeal. The factual and legal issues presented justify the granting of leave to appeal. Accordingly, leave to appeal is granted, and no order as to costs is made.
Court Disposition
Leave to appeal is granted. No order as to costs.
Orders
- Leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
32 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
Case no: JR 1436/2020
In the matter between:
ASSOCIATION OF MINEWORKERS AND
CONSTRUCTION UNION obo DUBE
Applicant
and
COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION
First Respondent
HENDRIK OLIPHANT N.O
Second Respondent
MURRAY AND ROBERTS
CEMENTATION (PTY) LTD
Third Respondent
Decided: In Chambers
Delivered: 16 August 2022
This judgment was handed down electronically by circulation to the parties' representatives by email. The date for hand-down is deemed to be 16 August 2022.
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
PRINSLOO, J
[1] The Third Respondent filed an application for leave to appeal against the whole of the judgment and order of this Court handed down on 14 June 2022.
[2] The application for leave to appeal is opposed by the Applicant.
[3] I have considered the grounds for appeal as raised by the Third Respondent as well as the written submissions filed in support and in opposition thereof.
[4] It is trite that to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law another court would arrive at a conclusion different than the one reached by the Court a quo. Appeals should be limited to matters where there is a reasonable prospect that the factual matrix would receive a different treatment of where there is some legitimate dispute on the law.
[5] In my view this is a case where the appeal should be heard.
Order
[6] I therefore make the following order:
1. Leave to appeal is granted.
2. There is no order as to costs.
Connie Prinsloo
Judge of the Labour Court of South Africa