NUMSA obo Mogale and Others v Three Gees Calvising CC and Another (JS 319/08) [2015] ZALCJHB 275 (17 August 2015)

NUMSA obo Mogale and Others v Three Gees Calvising CC and Another (JS 319/08) [2015] ZALCJHB 275 (17 August 2015)

The court found that the respondents raised a legitimate jurisdictional issue regarding whether the applicants were employed by the second respondent. Since this issue was not determined prior to the granting of default judgment, there are reasonable prospects that another court could reach a different conclusion. Accordingly, leave to appeal is granted to allow the Labour Appeal Court to consider whether the employment relationship existed and whether the default judgment was properly granted.

Citation
[2015] ZALCJHB 275
Parties
Applicant: NUMSA obo Mogale J & 16 Others; Respondent: Three Gees Calvising CC; Respondent: Galvadip (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 August 2015
Case Number
JS 319/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Default Judgment
Outcome
Leave to appeal granted to the Labour Appeal Court.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Jurisdiction, Default Judgment, Employment Relationship
Labour Law Unfair Dismissal Jurisdiction Default Judgment Employment Relationship

Case Brief

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Parties

NUMSA obo Mogale J & 16 Others

Applicant

Three Gees Calvising CC

Respondent

Galvadip (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Default Judgment

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to entertain the application for default judgment without first determining the employment relationship.
  2. 2 Whether there are reasonable prospects that another court would reach a different conclusion regarding the applicants' employment status.

Ratio Decidendi

The court found that the respondents raised a legitimate jurisdictional issue regarding whether the applicants were employed by the second respondent. Since this issue was not determined prior to the granting of default judgment, there are reasonable prospects that another court could reach a different conclusion. Accordingly, leave to appeal is granted to allow the Labour Appeal Court to consider whether the employment relationship existed and whether the default judgment was properly granted.

Court Disposition

Leave to appeal granted to the Labour Appeal Court.

Orders

  • The respondents are granted leave to appeal to the Labour Appeal Court.
  • No order as to costs.