City of Tshwane Metropolitan Municipality v Maree NO and Others (J2098/18) [2018] ZALCJHB 355 (6 November 2018)
The court found that the existence of conflicting judgments regarding section 145(7) and (8) of the Labour Relations Act creates sufficient uncertainty to warrant consideration by a higher court. The applicant's grounds for leave to appeal, particularly the issue of conflicting judgments, are persuasive. The court...
Source-derived case information.
- Citation
- [2018] ZALCJHB 355
- Parties
- Applicant: City of Tshwane Metropolitan Municipality; Respondent: E Maree N.O; Respondent: Sekgala and Others [2003 Group] and Machete and Others [2012 Group]; Respondent: Sheriff of the High Court for the District of Pretoria (Freddy Batt N.O)
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J2098/18
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 29 January 2018.
- Outcome
- Leave to appeal granted.
- Judges
- S Mabaso
- Legal Topics
- Leave to Appeal, Conflicting Judgments, Section 145 Lra, Review of Arbitration Awards
Source-derived case record
Summary, issues, holding and outcome
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Parties
City of Tshwane Metropolitan Municipality
Applicant
E Maree N.O
Respondent
Sekgala and Others [2003 Group] and Machete and Others [2012 Group]
Respondent
Sheriff of the High Court for the District of Pretoria (Freddy Batt N.O)
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 29 January 2018.
Legal Issues
- 1 Whether leave to appeal should be granted in light of conflicting judgments regarding section 145(7) and (8) of the Labour Relations Act.
- 2 Whether another court may reach a different conclusion on the interpretation of section 145(7) and (8) of the LRA.
Ratio Decidendi
The court found that the existence of conflicting judgments regarding section 145(7) and (8) of the Labour Relations Act creates sufficient uncertainty to warrant consideration by a higher court. The applicant's grounds for leave to appeal, particularly the issue of conflicting judgments, are persuasive. The court concluded that another court may reasonably reach a different conclusion on the interpretation of the relevant statutory provisions. Accordingly, leave to appeal is granted.
Court Disposition
Leave to appeal granted.
Orders
- The application for leave to appeal is granted.
- Costs will be costs in the appeal.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No: J2098/18
In the matter between:
CITY OF TSHWANE METROPOLITAN MUNICIPALITY
Applicant
and
E MAREE N.O
First Respondent
SEKGALA AND OTHERS [2003 GROUP] AND
MACHETE AND OTHERS [2012 GROUP]
Second Respondent
SHERIFF OF THE HIGH COURT FOR THE
DISTRICT OF PRETORIA (FREDDY BATT N.O)
Third Respondent
Considered: In Chambers
Delivered: 06 November 2018
JUDGMENT; LEAVE TO APPEAL
MABASO, AJ
[1] The applicant seeks leave to appeal the judgement and order of this Court dated 29 January 2018. The applicant raised a number of grounds for leave to appeal and one of them is that there are two conflicting judgements of this Court relating to the provisions of section 145 (7) and (8) of the Labour Relations Act[1]. As the applicant says “the appeal will resolve the question of two conflicting judgements from same Labour Court.”
[2] I have taken into account all the grounds that have been raised especially the one that deals with the provisions of section 145(7) and (8) of the LRA. Taking into accounts these conflicting judgments, being Rustenburg local municipality v South African local government bargaining council[2] and others Free State Gambling Board v CCMA and others[3]. I am persuaded that maybe another court might come to a different conclusion.
[3] In the premises the following order is made:
Order:
1. The application for leave to appeal is granted;
2. Costs will be costs in the appeal.
S. Mabaso
Acting Judge of the Labour Court of South Africa
[1] 66 of 1995, as amended.
[2] (2015) 36 ILJ 2867 (LC).
[3] [2017] 11 BLLR 1161 (LC).