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

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

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.

Citation
[2007] ZALAC 18
Parties
Appellant: Wilhelmien Magdalena Charles; Appellant: Doctors for Life International; Appellant: John Jackson Smyth; Respondent: Gauteng Department of Health (Kopanong Hospital); Respondent: Member of Executive Council for Health (Gauteng); Respondent: The National Minister of Health
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
22 June 2007
Case Number
JA 67/06
Procedural Posture
Civil Appeal / Appeal Before Labour Appeal Court
Outcome
The appeal is upheld. The order of the court a quo is set aside. The complaint is referred to the CCMA for expeditious hearing.
Judges
Davis, Jappie, Leeuw
Legal Topics
Referral to Ccma, Jurisdiction of Labour Courts
Labour Law Referral to Ccma Jurisdiction of Labour Courts

Case Brief

Summary, issues, holding and outcome

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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

Procedural Posture

Civil Appeal / Appeal Before Labour Appeal Court

Legal Issues

  1. 1 Whether the Labour Appeal Court should set aside the order of the court a quo.
  2. 2 Whether the complaint should be referred to the CCMA for hearing.

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.

Orders

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