Consolidated Woolwashing and Processing Mills Ltd. and Another v President Industrial Court and Others (118/85) [1985] ZASCA 54 (29 May 1985)

Consolidated Woolwashing and Processing Mills Ltd. and Another v President Industrial Court and Others (118/85) [1985] ZASCA 54 (29 May 1985)

The Supreme Court of Appeal held that the issues in this appeal were identical to those in Consolidated Frame Cotton Corporation Ltd v President Industrial Court and Others (117/85), in which judgment had just been delivered. For the reasons set out in that judgment, the appeal was dismissed with costs. The Court confirmed that the Industrial Court had jurisdiction and that the appellant's arguments did not warrant overturning the decision below.

Citation
[1985] ZASCA 54
Parties
Appellant: Consolidated Woolwashing & Processing Mills Limited; Respondent: President Industrial Court; Respondent: National Union of Textile Workers; Respondent: Elizabeth Mthembu; Respondent: Maureen Ngubane; Respondent: Busisiwe Nzoiya; Respondent: Rose Mkhize; Respondent: Bathadazile Mkhize; Respondent: Eunice Kunene
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 1985
Case Number
118/85
Procedural Posture
Civil Appeal / Appeal Hearing
Outcome
Appeal dismissed with costs.
Judges
Rabie, Jansen, Hoexter, Galgut, Nicholas
Legal Topics
Industrial Court Jurisdiction, Dismissal of Employees
Labour Law Industrial Court Jurisdiction Dismissal of Employees

Case Brief

Summary, issues, holding and outcome

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Parties

Consolidated Woolwashing & Processing Mills Limited

Appellant

President Industrial Court

Respondent

National Union of Textile Workers

Respondent

Elizabeth Mthembu

Respondent

Maureen Ngubane

Respondent

Busisiwe Nzoiya

Respondent

Rose Mkhize

Respondent

Bathadazile Mkhize

Respondent

Eunice Kunene

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing

Legal Issues

  1. 1 Whether the Industrial Court had jurisdiction over the dispute between the appellant and the respondents.
  2. 2 Whether the dismissal of the employees was lawful under applicable labour legislation.

Ratio Decidendi

The Supreme Court of Appeal held that the issues in this appeal were identical to those in Consolidated Frame Cotton Corporation Ltd v President Industrial Court and Others (117/85), in which judgment had just been delivered. For the reasons set out in that judgment, the appeal was dismissed with costs. The Court confirmed that the Industrial Court had jurisdiction and that the appellant's arguments did not warrant overturning the decision below.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.