Imperial Cargo (Pty) Ltd v South African Transport and Allied Workers Union and Others (JS472/12) [2013] ZALCJHB 152 (25 July 2013)
Although the judge did not agree with the grounds of appeal advanced by the applicant, he found that a reasonable possibility exists that another court might reach a different conclusion regarding the dismissal of the special plea. Accordingly, leave to appeal was granted.
Source-derived case information.
- Citation
- [2013] ZALCJHB 152
- Parties
- Applicant: Imperial Cargo (Pty) Ltd; Respondent: South African Transport and Allied Workers' Union; Respondent: L Magokane & Five Others
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS472/12
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Special Plea
- Outcome
- Leave to appeal granted; no order as to costs.
- Judges
- R Haslop
- Legal Topics
- Leave to Appeal, Special Plea, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Imperial Cargo (Pty) Ltd
Applicant
South African Transport and Allied Workers' Union
Respondent
L Magokane & Five Others
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Special Plea
Legal Issues
- 1 Whether leave to appeal should be granted against the judgment dismissing the applicant's special plea with costs.
Ratio Decidendi
Although the judge did not agree with the grounds of appeal advanced by the applicant, he found that a reasonable possibility exists that another court might reach a different conclusion regarding the dismissal of the special plea. Accordingly, leave to appeal was granted.
Court Disposition
Leave to appeal granted; no order as to costs.
Orders
- The application for leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
1
REPUBLIC OF SOUTH AFRICA
IN THE LABOUR COURT OF SOUTH AFRICA, AT JOHANNESBURG
JUDGMENT
Not Reportable
Case no: JS472/12
In the matter between:-
IMPERIAL CARGO (PTY) LTD ........................................................................Applicant
and
SOUTH AFRICAN TRANSPORT AND ALLIED
WORKERS’ UNION ............................................................................First Respondent
L MAGOKANE & FIVE OTHERS ...........................Second and Further Respondents
Heard : 30 January 2013
Delivered: 25 July 2013
Summary: Leave to appeal against judgment dismissing special plea with costs.
judgment
HASLOP AJ
[1] This is an application for leave to appeal against my judgment in this matter in which I dismissed the applicant’s special plea with costs.
[2] I have read and considered the applicant’s application for leave to appeal.
[3] I have reconsidered the matter in the light of the application for leave to appeal. While I do not agree with the grounds of appeal set out therein, I am of the view that a reasonable possibility exists that a different court might come to a different conclusion.
Order
[4] In the circumstances I make the following order:
1. The application for leave to appeal is granted.
2. There is no order as to costs.
_____________________
R Haslop
Acting Judge of the Labour Court