Motsei and Others v General Public Service Sector Bargaining Council and Others (JR 38/2020) [2022] ZALCJHB 296 (26 October 2022)

Motsei and Others v General Public Service Sector Bargaining Council and Others (JR 38/2020) [2022] ZALCJHB 296 (26 October 2022)

The court found that the applicants failed to meet the raised threshold for leave to appeal under section 17(1) of the Superior Courts Act. The review of the interlocutory ruling was not properly brought via supplementary affidavit, but should have been a separate application. The applicants' earnings, as established by a prior settlement agreement and conceded at arbitration, placed them above the threshold in section 198B(2)(a) of the LRA, making section 198B inapplicable. The arbitrator correctly considered all relevant factors, including financial constraints and the applicants' acknowledgment of no expectation of renewal. There is no reasonable prospect that another court would reach...

Citation
[2022] ZALCJHB 296
Parties
Applicant: L Motsei and 54 Others; Respondent: General Public Service Sector Bargaining Council; Respondent: E Maree N.O.; Respondent: Statistics South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 October 2022
Case Number
JR 38/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal is refused.
Judges
Van Niekerk
Legal Topics
Leave to Appeal, Review of Arbitration Award, Fixed Term Contracts, Earnings Threshold, Section 198b Lra
Labour Law Civil Procedure Leave to Appeal Review of Arbitration Award Fixed Term Contracts Earnings Threshold Section 198b Lra

Case Brief

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Parties

L Motsei and 54 Others

Applicant

General Public Service Sector Bargaining Council

Respondent

E Maree N.O.

Respondent

Statistics South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment dismissing the review application.
  2. 2 Whether the court erred in finding that the review of the interlocutory ruling was not permissible via supplementary affidavit.
  3. 3 Whether the applicants' earnings exceeded the threshold under section 198B(2)(a) of the LRA, rendering section 198B inapplicable.

Ratio Decidendi

The court found that the applicants failed to meet the raised threshold for leave to appeal under section 17(1) of the Superior Courts Act. The review of the interlocutory ruling was not properly brought via supplementary affidavit, but should have been a separate application. The applicants' earnings, as established by a prior settlement agreement and conceded at arbitration, placed them above the threshold in section 198B(2)(a) of the LRA, making section 198B inapplicable. The arbitrator correctly considered all relevant factors, including financial constraints and the applicants' acknowledgment of no expectation of renewal. There is no reasonable prospect that another court would reach...

Court Disposition

Leave to appeal is refused.

Orders

  • Leave to appeal is refused.