Charles and Others v Gauteng Department of Health (Kopanong Hostpital) and Others (JA67/06) [2007] ZALAC 18 (22 June 2007)
- Citation
- [2007] ZALAC 18
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Appeal Court
- Panel
- Davis, Jappie, Leeuw
- Case number
- JA 67/06
More details
- Court
- Labour Appeal Court
- Panel
- Davis, Jappie, Leeuw
- Case number
- JA 67/06
On this page
Professional case brief
Research organized from the available case record
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
AppellantDoctors for Life International
AppellantJohn Jackson Smyth
AppellantGauteng Department of Health (Kopanong Hospital)
RespondentMember of Executive Council for Health (Gauteng)
RespondentThe National Minister of Health
Respondent03
Procedural history
Posture
Civil Appeal / Appeal Before Labour Appeal Court
04
Questions and positions
Legal issues
- 01
Whether the Labour Appeal Court should set aside the order of the court a quo.
- 02
Whether the complaint should be referred to the CCMA for hearing.
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Appeal Court
Order
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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