Golden Arrow Bus Services (Pty) Ltd v South African Road Passenger Bargaining Council of South Africa and Others (C 351 /2019) [2020] ZALCCT 26 (10 June 2020)
The court found that the applicant had raised grounds for appeal and that, based on the facts and law, there is a reasonable prospect that another court may reach a different conclusion. Furthermore, section 17(1)(a)(ii) of the Superior Courts Act provides that leave to appeal may be granted if there is a compelling...
Source-derived case information.
- Citation
- [2020] ZALCCT 26
- Parties
- Applicant: Golden Arrow Bus Services (Pty) Ltd; Respondent: South African Road Passenger Bargaining Council of South Africa; Respondent: Pat Stone N.O; Respondent: Transport and Omnibus Workers Union; Respondent: National Union of Metalworkers of South Africa; Respondent: South African Transport and Allied Workers Union; Respondent: United Association of South Africa; Respondent: Non-unionised employees listed in Annexure “A” hereto
- Court
- Labour Court Cape Town
- Jurisdiction
- South Africa
- Case Number
- C 351 /2019
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 17 October 2019.
- Outcome
- Leave to appeal is granted. No order as to costs.
- Judges
- Prinsloo
- Legal Topics
- Leave to Appeal, Reasonable Prospects of Success, Superior Courts Act Section 17, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Golden Arrow Bus Services (Pty) Ltd
Applicant
South African Road Passenger Bargaining Council of South Africa
Respondent
Pat Stone N.O
Respondent
Transport and Omnibus Workers Union
Respondent
National Union of Metalworkers of South Africa
Respondent
South African Transport and Allied Workers Union
Respondent
United Association of South Africa
Respondent
Non-unionised employees listed in Annexure “A” hereto
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 17 October 2019.
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
- 2 Whether there is a compelling reason for the appeal to be heard under section 17(1)(a)(ii) of the Superior Courts Act.
Ratio Decidendi
The court found that the applicant had raised grounds for appeal and that, based on the facts and law, there is a reasonable prospect that another court may reach a different conclusion. Furthermore, section 17(1)(a)(ii) of the Superior Courts Act provides that leave to appeal may be granted if there is a compelling reason for the appeal to be heard. The court was satisfied that this threshold was met and granted leave to appeal.
Court Disposition
Leave to appeal is granted. No order as to costs.
Orders
- Leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
41 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN
Not reportable
Case No: C 351 /2019
GOLDEN ARROW BUS SERVICES (PTY) LTD Applicant and THE SOUTH AFRICAN ROAD PASSENGER BARGAINING COUNCIL OF SOUTH AFRICA First Respondent
PAT STONE N.O
Second Respondent
TRANSPORT AND OMNIBUS WORKERS UNION Third
Respondent
NATIONAL UNION OF METALWORKERS
OF SOUTH AFRICA
Fourth Respondent
SOUTH AFRICAN TRANSPORT AND
ALLIED WORKERS UNION
Fifth Respondent
UNITED ASSOCIATION OF SOUTH AFRICA
Sixth Respondent
NON-UNIONISED EMPLOYEES LISTED
IN ANNEXURE “A” HERETO
Seventh and Further Respondents
Decided: In Chambers
Delivered: 10 June 2020
In view of the measures implemented as a result of the Covid-19 outbreak, this judgment was handed down electronically by circulation
to the parties' representatives by email. The date for hand-down is deemed to be 10 June 2020.
JUDGMENT: APPLICATION FOR LEAVE TO APPEAL
PRINSLOO, J.
[1] The Applicant filed an application for leave to appeal against part of the judgment and order of this Court handed down on 17 October 2019.
[2] The application for leave to appeal is not opposed by the Respondents.
[3] The submissions in support of the application for leave to appeal were filed on 20 November 2019. I was unaware of the fact that the Applicant had filed an application for leave to appeal and submissions in support thereof. This fact only came to my attention in May 2020, when I received an enquiry from the Cape Town Labour Court as to the status of a judgment in the application for leave to appeal. The delay in considering this application and finalising the judgment is regretted.
[4] I have considered the grounds for appeal as raised by the Applicants and the written submissions filed in support thereof .
[5] It is trite that in order to be entitled to leave to appeal, an applicant in the application for leave to appeal must satisfy this Court that it has reasonable prospects of success on appeal and that based on the facts and the law, another court would arrive at a conclusion different than the one reached by the Court a quo. Appeals should be limited to matters where there is a reasonable prospect that the factual matrix could receive a different treatment
or where there is some legitimate dispute on the law.
[6] Section 17(1)(a)(ii) of the Superior Courts Act[1] provides that leave to appeal may be granted if there is a compelling reason why the appeal should be heard.
[7] In my view this is a case where the appeal should be heard.
[8] Therefore make the following order:
Order
1. Leave to appeal is granted.
2. There is no order as to costs.
______________
Connie Prinsloo
Judge of the Labour Court of South Africa
[1] Act 10 of 2013.