CCMA v De Jager and Others (JR292/19) [2023] ZALCJHB 87; [2023] 7 BLLR 637 (LC) (17 March 2023)

CCMA v De Jager and Others (JR292/19) [2023] ZALCJHB 87; [2023] 7 BLLR 637 (LC) (17 March 2023)

The Labour Court held that the CCMA, by abiding by the decision of the court and not opposing the review application, perempted its right to appeal. The application for leave to appeal was found to be a disguised attempt to obtain declaratory relief regarding the interpretation of Rule 17(2) and section 191(5A) of the LRA, which is not permissible in an application for leave to appeal. The court emphasized that appeals do not lie against the reasons for an order, but only against the operative order itself. Furthermore, the court found that the appeal would have no practical effect for the CCMA, as the order reviewed and set aside the rescission rulings and default arbitration award, and...

Citation
[2023] ZALCJHB 87
Parties
Applicant: THE CCMA; Respondent: L.J. DE JAGER; Respondent: COMMISSIONER M.C LEBEA N.O; Respondent: VALINOR TRADING 133 CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 March 2023
Case Number
JR292/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following a Review Judgment
Outcome
Application for leave to appeal refused.
Judges
Moshoana
Legal Topics
Leave to Appeal, Peremption of Right to Appeal, Rescission of Award, Interpretation of Ccma Rules, Review of Arbitration Award
Labour Law Civil Procedure Leave to Appeal Peremption of Right to Appeal Rescission of Award Interpretation of Ccma Rules Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

THE CCMA

Applicant

L.J. DE JAGER

Respondent

COMMISSIONER M.C LEBEA N.O

Respondent

VALINOR TRADING 133 CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following a Review Judgment

Legal Issues

  1. 1 Whether a party that abides by the court's decision perempts its right to appeal.
  2. 2 Whether leave to appeal can be granted where the appeal will have no practical effect.
  3. 3 Whether an appeal lies against the reasons for an order rather than the order itself.

Ratio Decidendi

The Labour Court held that the CCMA, by abiding by the decision of the court and not opposing the review application, perempted its right to appeal. The application for leave to appeal was found to be a disguised attempt to obtain declaratory relief regarding the interpretation of Rule 17(2) and section 191(5A) of the LRA, which is not permissible in an application for leave to appeal. The court emphasized that appeals do not lie against the reasons for an order, but only against the operative order itself. Furthermore, the court found that the appeal would have no practical effect for the CCMA, as the order reviewed and set aside the rescission rulings and default arbitration award, and...

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.
  • There is no order as to costs.