Professional Security CC t/a Prosec v Karorero and Others (C181/15) [2016] ZALCCT 43 (9 November 2016)

Professional Security CC t/a Prosec v Karorero and Others (C181/15) [2016] ZALCCT 43 (9 November 2016)

The Labour Court held that the default judgment granted against the applicant is not appealable, as it is not final in effect and remains susceptible to rescission. The applicant failed to oppose the original referral and did not present evidence at the initial hearing. Its attempt to introduce new evidence on appeal is impermissible. The court found no merit in the application for leave to appeal and dismissed it with costs, noting that the respondents, as workers, should not be burdened with further legal costs due to the applicant's failure to defend its case.

Citation
[2016] ZALCCT 43
Parties
Applicant: Professional Security CC t/a Prosec; Respondent: E Karorero & 8 Others
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
9 November 2016
Case Number
C181/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Default Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
A J Steenkamp
Legal Topics
Default Judgment, Leave to Appeal, Unfair Dismissal, Compensation Award
Labour Law Civil Procedure Default Judgment Leave to Appeal Unfair Dismissal Compensation Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Professional Security CC t/a Prosec

Applicant

E Karorero & 8 Others

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Is a default judgment granted by the Labour Court appealable under section 166(1) of the LRA?
  2. 2 Should leave to appeal be granted where the applicant failed to oppose the original referral and seeks to introduce new evidence on appeal?
  3. 3 Are the compensation amounts awarded to the respondents just and equitable?

Ratio Decidendi

The Labour Court held that the default judgment granted against the applicant is not appealable, as it is not final in effect and remains susceptible to rescission. The applicant failed to oppose the original referral and did not present evidence at the initial hearing. Its attempt to introduce new evidence on appeal is impermissible. The court found no merit in the application for leave to appeal and dismissed it with costs, noting that the respondents, as workers, should not be burdened with further legal costs due to the applicant's failure to defend its case.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.