First National Bank Ltd (Westbank Division) v Mooi NO and Others (JR1018/07) [2009] ZALC 184 (5 February 2009)
The court found that, upon careful consideration of the grounds for leave to appeal and the submissions made by both parties, there exists a reasonable prospect that another court may reach a different conclusion regarding the interpretation of the CCMA's powers and the alleged gross irregularity. Accordingly, leave...
Source-derived case information.
- Citation
- [2009] ZALC 184
- Parties
- Applicant: First National Bank Limited (Westbank Division); Respondent: Faizel Mooi N.O.; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Kevin Welman
- Court
- Labour Court
- Jurisdiction
- South Africa
- Case Number
- JR1018/07
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court
- Outcome
- Leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
- Judges
- Molahlehi
- Legal Topics
- Leave to Appeal, Collective Bargaining Agreement, Gross Irregularity, Powers of Ccma
Source-derived case record
Summary, issues, holding and outcome
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Parties
First National Bank Limited (Westbank Division)
Applicant
Faizel Mooi N.O.
Respondent
Commission for Conciliation Mediation and Arbitration
Respondent
Kevin Welman
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court
Legal Issues
- 1 Whether the CCMA's powers are confined to the interpretation and application of collective bargaining agreements under section 24 of the LRA.
- 2 Whether the Commissioner committed a gross irregularity by not calling for the agreement to be considered in camera.
- 3 Whether there is a reasonable prospect that another court may reach a different conclusion.
Ratio Decidendi
The court found that, upon careful consideration of the grounds for leave to appeal and the submissions made by both parties, there exists a reasonable prospect that another court may reach a different conclusion regarding the interpretation of the CCMA's powers and the alleged gross irregularity. Accordingly, leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
Court Disposition
Leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
Orders
- Leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
- Costs to be costs in the appeal.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA
HELD IN JOHANNESBURG
NOT REPORTABLE
CASE NO: JR1018/07
In the matter between:
FIRST NATIONAL BANK LIMITED
(WESTBANK DIVISION) ..................................................................APPLICANT
and
FAIZEL MOOI N.O. ...............................................................1ST RESPONDENT
COMMISSION FOR CONCILIATION
MEDIATION AND ARBITRATION .....................................2ND RESPONDENT
KEVIN WELMAN ...................................................................3RD RESPONDENT
JUDGMENT
molahlehi J
[1] This is an application for leave to appeal against my judgment handed down on 17th June 2008 in which I reviewed, set aside and remitted the matter back to the Second Respondent for consideration before a Commissioner other than the First Respondent.
[2] The Applicant in this application raised two grounds for leave to appeal. The first ground challenges the conclusion by this Court that the CCMA’s powers are confined to rule on the interpretation and application of collective bargaining agreements in terms of section 24 of the Labour Relations Act 66 of 1995 (the LRA). And the second grounds is based on the finding that Commissioner
committed a gross irregularity in that he did not call for the agreement to be considered in camera.
[3] In terms of s166(1) of the LRA a party whishing to appeal to the Labour Appeal Court against a judgment of the Labour Court has to obtain leave to do so from the Labour Court. The test to apply when considering whether or not to grant leave to appeal is
whether there is a reasonable prospect that another Court may come to a different conclusion to that of the Labour Court.
[4] I have carefully considered the above grounds for leave to appeal as set out in the application for leave to appeal to the Labour Appeal Court. I have also considered my judgment including the submissions made by both parties. I am persuaded that another Court may come to a different conclusion to the one reached by me in my judgment.
[5] In the circumstances I make the following order:
(i)The application for leave to appeal to the Labour Appeal Court against the whole of the judgment is granted.
The costs to be costs in the appeal.
_______________
Molahlehi J
Date of Judgment : 5th February 2009
Appearances
(The application decided in chambers)
3