National Bargaining Council for Road Freight and Logistics Industry v Deyzel NO and Others (D 236/20) [2023] ZALCJHB 275 (11 October 2023)
The court, having considered the grounds for leave to appeal, finds that there is a reasonable prospect that another court may reach a different decision. Accordingly, leave to appeal is granted.
Source-derived case information.
- Citation
- [2023] ZALCJHB 275
- Parties
- Applicant: National Bargaining Council for the Road Freight and Logistics Industry; Respondent: Commissioner A Deyzel N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Intermodal Cargo Solutions (Pty) Ltd
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- D 236/20
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal granted; no order as to costs.
- Judges
- G. N. Moshoana
- Legal Topics
- Leave to Appeal, Review of Arbitration Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bargaining Council for the Road Freight and Logistics Industry
Applicant
Commissioner A Deyzel N.O.
Respondent
Commission for Conciliation, Mediation and Arbitration
Respondent
Intermodal Cargo Solutions (Pty) Ltd
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against the judgment and order handed down on 31 August 2023.
Ratio Decidendi
The court, having considered the grounds for leave to appeal, finds that there is a reasonable prospect that another court may reach a different decision. Accordingly, leave to appeal is 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
16 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Case no: D 236/20
In the matter between:
NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT AND LOGISTICS INDUSTRY Applicant And COMMISSIONER A DEYZEL N.O. First Respondent COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION Second Respondent INTERMODAL CARGO SOLUTIONS (PTY) LTD Third Respondent
Heard: In Chambers
Delivered: 11 October 2023
JUDGMENT –
APPLICATION FOR LEAVE TO APPEAL
MOSHOANA, J
[1] This is an application for leave to appeal against the judgment and order of this Court handed down on 31 August 2023.
[2] Having considered the grounds for leave to appeal, I come to the conclusion that another court may find differently.
Order
1. The application for leave to appeal is granted.
2. There is no order as to costs.
G. N. Moshoana
Judge of the Labour Court of South Africa