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South Africa Order

Labour Appeal Court

Charles and Others v Gauteng Department of Health (Kopanong Hostpital) and Others (JA67/06) [2007] ZALAC 18 (22 June 2007)

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Source document

01

Holding and result

The Labour Appeal Court found that the order of the court a quo was incorrect and that the proper course was to refer the complaint to the CCMA for an expeditious hearing. The referral ensures that the dispute is resolved in accordance with the procedures established under the Labour Relations Act.

Court disposition

The appeal is upheld. The order of the court a quo is set aside. The complaint is referred to the CCMA for expeditious hearing.

Orders

  • The order of the Court a quo is set aside.
  • The complaint of the Appellant is referred to the CCMA for expeditious hearing.

02

Material facts

Parties

Wilhelmien Magdalena Charles

Appellant

Doctors for Life International

Appellant

John Jackson Smyth

Appellant

Gauteng Department of Health (Kopanong Hospital)

Respondent

Member of Executive Council for Health (Gauteng)

Respondent

The National Minister of Health

Respondent

03

Procedural history

  1. Posture

    Civil Appeal / Appeal Before Labour Appeal Court

04

Questions and positions

Legal issues

Party arguments

Applicant
The appellants argued that the lower court erred in its decision and that the complaint should be referred to the CCMA for an expeditious hearing.
Respondent
The respondents maintained that the order of the court a quo should stand and opposed the referral of the complaint to the CCMA.

05

Court’s reasoning

  1. 01

    Labour Relations Act, 66 of 1995

    Labour disputes may be referred to the CCMA for resolution where appropriate.

06

Ratio, limits and disposition

Ratio decidendi

The Labour Appeal Court found that the order of the court a quo was incorrect and that the proper course was to refer the complaint to the CCMA for an expeditious hearing. The referral ensures that the dispute is resolved in accordance with the procedures established under the Labour Relations Act.

Court disposition

The appeal is upheld. The order of the court a quo is set aside. The complaint is referred to the CCMA for expeditious hearing.

  • The order of the Court a quo is set aside.
  • The complaint of the Appellant is referred to the CCMA for expeditious hearing.

Source and reliance status

Labour Appeal Court

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Appeal Court

Order

[2007] ZALAC 18

IN THE LABOUR APPEAL COURT OF

SOUTH AFRICA

(HELD AT JOHANNESBURG)

Case No.: JA 67/06

On the 22nd day of June 2007

Before the Honourable Justices Davis, Jappie and Leeuw, Acting Judges of Appeal

In the matter between:

WILHELMIEN MAGDALENA CHARLES 1ST

APPELLANT

DOCTORS FOR LIFE INTERNATIONAL 2ND

APPELLANT

JOHN JACKSON SMYTH 3RD

APPELLANT

AND

GAUTENG

DEPARTMENT OF HEALTH

(KOPANONG HOSPITAL) 1ST

RESPONDENT

MEMBER

OF EXECUTIVE COUNCIL FOR

HEALTH (GAUTENG) 2ND

RESPONDENT

THE NATIONAL MINISTER OF HEALTH 3RD

RESPONDENT

ORDER

Having heard counsel for the parties and considering the matter:

IT IS ORDERED THAT:

The order of the Court a quo is set aside.

The complaint of the Appellant is referred to the CCMA for expeditious hearing.

BY THE COURT

REGISTRAR

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Labour Relations Act, 66 of 1995

Legislation

Legislation referenced in the available case record.

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