Mokhele and Others v Paving Warehouse CC (JS564/11) [2017] ZALCJHB 108 (22 March 2017)

Mokhele and Others v Paving Warehouse CC (JS564/11) [2017] ZALCJHB 108 (22 March 2017)

The court determined that the decision hinges on the interpretation of section 197A of the Labour Relations Act, specifically the meaning of 'immediately before' and the consequences of a business transfer. Given the existence of conflicting judgments and the importance of clarity for the labour market, the court found that there is a reasonable prospect that another court may reach a different conclusion. Therefore, leave to appeal should be granted to allow the Labour Appeal Court to clarify the correct interpretation of section 197A.

Citation
[2017] ZALCJHB 108
Parties
Applicant: EDGAR THIBIRI MOKHELE and 7 OTHERS; Respondent: PAVING WAREHOUSE CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2017
Case Number
JS564/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Dismissals
Outcome
Leave to appeal granted.
Judges
Winnie Everett
Legal Topics
Automatic Unfair Dismissal, Business Transfer, Section 197a Interpretation, Employment Security
Labour Law Automatic Unfair Dismissal Business Transfer Section 197a Interpretation Employment Security

Case Brief

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Parties

EDGAR THIBIRI MOKHELE and 7 OTHERS

Applicant

PAVING WAREHOUSE CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Dismissals

Legal Issues

  1. 1 Whether the dismissals were unlawful and invalid under section 197A of the Labour Relations Act.
  2. 2 Whether the dismissals were automatically unfair.
  3. 3 How the words 'immediately before' in section 197A(2)(a) should be interpreted.

Ratio Decidendi

The court determined that the decision hinges on the interpretation of section 197A of the Labour Relations Act, specifically the meaning of 'immediately before' and the consequences of a business transfer. Given the existence of conflicting judgments and the importance of clarity for the labour market, the court found that there is a reasonable prospect that another court may reach a different conclusion. Therefore, leave to appeal should be granted to allow the Labour Appeal Court to clarify the correct interpretation of section 197A.

Court Disposition

Leave to appeal granted.

Orders

  • Leave to appeal the judgment dated 19 May 2016 is granted.
  • Costs to be costs in the appeal.