POPCRU and Others v Regional Commissioner for Correctional Services, Western Cape and Another (C1126/2010) [2011] ZALCCT 76 (13 January 2011)

POPCRU and Others v Regional Commissioner for Correctional Services, Western Cape and Another (C1126/2010) [2011] ZALCCT 76 (13 January 2011)

The court found that the applicants, specifically the second to further applicants, did not render any services during the relevant period, and this fact was not disputed. After considering the grounds for leave to appeal, the parties' submissions, and the previous judgment, the judge was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Citation
[2011] ZALCCT 76
Parties
Applicant: POPCRU; Applicant: SS Bangani & Others; Respondent: Regional Commissioner for Correctional Services, Western Cape; Respondent: Area Commissioner of Correctional Services, Goodwood Management Area
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
13 January 2011
Case Number
C1126/2010
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Judgment
Outcome
Application for leave to appeal dismissed.
Judges
Francis
Legal Topics
Leave to Appeal, Urgent Application, Essential Services, Shift Arrangement
Labour Law Civil Procedure Leave to Appeal Urgent Application Essential Services Shift Arrangement

Case Brief

Summary, issues, holding and outcome

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Parties

POPCRU

Applicant

SS Bangani & Others

Applicant

Regional Commissioner for Correctional Services, Western Cape

Respondent

Area Commissioner of Correctional Services, Goodwood Management Area

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and order of 7 January 2011.
  2. 2 Whether there is a reasonable prospect that another court may reach a different conclusion.
  3. 3 Whether the applicants rendered any services during the relevant period.

Ratio Decidendi

The court found that the applicants, specifically the second to further applicants, did not render any services during the relevant period, and this fact was not disputed. After considering the grounds for leave to appeal, the parties' submissions, and the previous judgment, the judge was not persuaded that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.