First Garment Rental (Pty) Ltd v CCMA and Others (JR 2997/2012) [2013] ZALCJHB 304 (5 December 2013)

First Garment Rental (Pty) Ltd v CCMA and Others (JR 2997/2012) [2013] ZALCJHB 304 (5 December 2013)

Although the grounds of appeal do not appear to be strong or directly challenge the judgment on the statutory or constitutional review grounds, the judge accepted that there may be a proper objection within the ten grounds advanced. The judge found that there is a reasonable prospect that the Labour Appeal Court could identify such an objection and overturn the judgment. Accordingly, leave to appeal was granted.

Citation
[2013] ZALCJHB 304
Parties
Applicant: First Garment Rental (Pty) Ltd; Respondent: CCMA; Respondent: Commissioner Setlago Morwa; Respondent: SATAWU; Respondent: William Mlangeni; Respondent: Maki Mary Morare
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2013
Case Number
JR 2997/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal to the Labour Appeal Court is granted.
Judges
T J Bruinders
Legal Topics
Review of Arbitration Award, Leave to Appeal, Deference to Arbitrator, Reasonableness Standard
Labour Law Review of Arbitration Award Leave to Appeal Deference to Arbitrator Reasonableness Standard

Case Brief

Summary, issues, holding and outcome

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Parties

First Garment Rental (Pty) Ltd

Applicant

CCMA

Respondent

Commissioner Setlago Morwa

Respondent

SATAWU

Respondent

William Mlangeni

Respondent

Maki Mary Morare

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether there are reasonable prospects that the Labour Appeal Court may overturn the judgment dismissing the review of the arbitration award.
  2. 2 Whether the grounds of appeal disclose a proper objection to the judgment under section 145 of the LRA or the constitutional review ground of reasonableness.
  3. 3 Whether the judge was overly deferential to the arbitrator's approach.

Ratio Decidendi

Although the grounds of appeal do not appear to be strong or directly challenge the judgment on the statutory or constitutional review grounds, the judge accepted that there may be a proper objection within the ten grounds advanced. The judge found that there is a reasonable prospect that the Labour Appeal Court could identify such an objection and overturn the judgment. Accordingly, leave to appeal was granted.

Court Disposition

Leave to appeal to the Labour Appeal Court is granted.

Orders

  • Leave to appeal to the Labour Appeal Court is granted.