Mofokeng and Others v JAC Pallets Africa CC and Others (J1990/07) [2009] ZALC 69; (2010) 31 ILJ 686 (LC) (27 July 2009)

Mofokeng and Others v JAC Pallets Africa CC and Others (J1990/07) [2009] ZALC 69; (2010) 31 ILJ 686 (LC) (27 July 2009)

The application for leave to appeal was dismissed because the order sought to be appealed was interlocutory and not final, as it merely postponed the matter sine die and ordered amendment of papers to allow for the joinder of the liquidator. Such orders do not finally dispose of the substantive dispute between the parties and are therefore not appealable under section 173 of the Labour Relations Act. The only final aspect of the previous order was the costs award, which the applicants did not challenge. The applicants failed to comply with the previous order and did not provide grounds for challenging the costs order. Furthermore, there was no reasonable prospect that another court would...

Citation
[2009] ZALC 69
Parties
Applicant: Mofokeng, Jantjie & 12 Others; Respondent: JAC Pallets Africa CC; Respondent: JAC Pallets; Respondent: International Esate Wines (Taiwan) CC; Respondent: International Estate Wines; Respondent: International Esate Wines (Taiwan) CC t/a JAC Pallets; Respondent: Jan Gabriel Koekemoer; Respondent: Commissioner Bonge Masote; Respondent: Commission for Conciliation, Mediation & Arbitration (the CCMA)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 July 2009
Case Number
J1990/07
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court Following an Interlocutory Order Postponing the Matter Sine Die and Ordering Amendment of Papers.
Outcome
Application for leave to appeal dismissed with costs.
Judges
AC Basson
Legal Topics
Appealability of Interlocutory Orders, Liquidation and Non Joinder, Leave to Appeal, Costs Award
Labour Law Civil Procedure Appealability of Interlocutory Orders Liquidation and Non Joinder Leave to Appeal Costs Award

Case Brief

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Parties

Mofokeng, Jantjie & 12 Others

Applicant

JAC Pallets Africa CC

Respondent

JAC Pallets

Respondent

International Esate Wines (Taiwan) CC

Respondent

International Estate Wines

Respondent

International Esate Wines (Taiwan) CC t/a JAC Pallets

Respondent

Jan Gabriel Koekemoer

Respondent

Commissioner Bonge Masote

Respondent

Commission for Conciliation, Mediation & Arbitration (the CCMA)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Labour Appeal Court Following an Interlocutory Order Postponing the Matter Sine Die and Ordering Amendment of Papers.

Legal Issues

  1. 1 Whether the interlocutory order postponing the matter sine die and ordering amendment of papers is appealable to the Labour Appeal Court.
  2. 2 Whether the applicants were required to join the liquidator as an interested party.
  3. 3 Whether the costs order is final and appealable.

Ratio Decidendi

The application for leave to appeal was dismissed because the order sought to be appealed was interlocutory and not final, as it merely postponed the matter sine die and ordered amendment of papers to allow for the joinder of the liquidator. Such orders do not finally dispose of the substantive dispute between the parties and are therefore not appealable under section 173 of the Labour Relations Act. The only final aspect of the previous order was the costs award, which the applicants did not challenge. The applicants failed to comply with the previous order and did not provide grounds for challenging the costs order. Furthermore, there was no reasonable prospect that another court would...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs of this application.