Public Servants Association of South Africa obo Members v Minister of Defence and Military Veterans and Others (JS857/16) [2020] ZALCJHB 60 (4 March 2020)
The court found, after considering the grounds for leave to appeal and the judgment delivered on 18 December 2019, that another court may reasonably reach a different conclusion. Therefore, the application for leave to appeal was granted.
Source-derived case information.
- Citation
- [2020] ZALCJHB 60
- Parties
- Applicant: Public Servants Association of South Africa obo Members; Respondent: Minister of Defence and Military Veterans; Respondent: Department of Defence; Respondent: Secretary for Defence; Respondent: Minister of the Public Service and Administration; Respondent: Department of the Public Service and Administration
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JS857/16
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Leave to appeal granted.
- Judges
- S Mabaso
- Legal Topics
- Leave to Appeal, Reasonable Prospect of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Servants Association of South Africa obo Members
Applicant
Minister of Defence and Military Veterans
Respondent
Department of Defence
Respondent
Secretary for Defence
Respondent
Minister of the Public Service and Administration
Respondent
Department of the Public Service and Administration
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether there is a reasonable prospect that the Labour Appeal Court may reach a different conclusion to that of the Labour Court.
Ratio Decidendi
The court found, after considering the grounds for leave to appeal and the judgment delivered on 18 December 2019, that another court may reasonably reach a different conclusion. Therefore, the application for leave to appeal was granted.
Court Disposition
Leave to appeal granted.
Orders
- The application for leave to appeal is granted.
- There is no order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not reportable
Case no: JS 857/16
In the matter between:
PUBLIC SERVANTS ASSOCIATION
OF SOUTH AFRICA obo MEMBERS Applicant
and
MINISTER OF DEFENCE AND MILITARY
VETERANS
First
Respondent
DEPARTMENT OF DEFENCE Second
Respondent
SECRETARY FOR DEFENCE Third
Respondent
MINISTER OF THE PUBLIC SERVICE
AND ADMINISTRATION Fourth
Respondent
DEPARTMENT OF THE PUBLIC SERVICE
AND ADMINISTRATION
Fifth Respondent
Decided in chambers
Delivered: 04 March 2020
JUDGMENT
MABASO, AJ
[1] This is an application, by the Respondents, for leave to appeal the judgment of this Court which was delivered on 18 December 2019.The test to apply when considering whether or not to grant leave to appeal is whether there is a reasonable prospect that the Labour Appeal Court may come to a different conclusion to that of this Court.
[2] I have carefully considered the grounds for leave to appeal and the judgment. I am persuaded that another Court may come to a different conclusion to the one reached by this Court.
[3] I, therefore make the following order:
Order:
1. The application for leave to appeal is granted.
2. There is no order as to costs.
_____________________
S Mabaso
Acting Judge of the Labour Court of South Africa