Rawu obo L Ngweletsana v PT Operational Services (Pty) Ltd and Others (JR1777/06) [2010] ZALC 200 (22 December 2010)

Rawu obo L Ngweletsana v PT Operational Services (Pty) Ltd and Others (JR1777/06) [2010] ZALC 200 (22 December 2010)

The court found that although it was convinced its conclusion was correct, the test for granting leave to appeal is whether there is a reasonable possibility that another court may come to a different conclusion. The main issue was whether the decision of 12 August 2004 was final and thus attracted the functus officio rule. The court reasoned that the second respondent acted in terms of section 144 and the CCMA Rules by dismissing the rescission application due to lack of condonation. However, it acknowledged that another court might find that the decision was not final or that the second respondent was entitled to reconsider the matter. Given the possibility of a different outcome, leave...

Citation
[2010] ZALC 200
Parties
Applicant: RAWU obo L Ngweletsana; Respondent: PT Operational Services (Pty) Ltd; Respondent: Lance Celliers N.O; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: F Mashaba N.O
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 December 2010
Case Number
JR1777/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 11 February 2010.
Outcome
Leave to appeal granted.
Judges
G N Moshoana
Legal Topics
Functus Officio, Rescission Application, Condonation, Ccma Rules, Judicial Review
Labour Law Administrative Law Functus Officio Rescission Application Condonation Ccma Rules Judicial Review

Case Brief

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Parties

RAWU obo L Ngweletsana

Applicant

PT Operational Services (Pty) Ltd

Respondent

Lance Celliers N.O

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

F Mashaba N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Delivered on 11 February 2010.

Legal Issues

  1. 1 Whether the second respondent was functus officio when issuing a further ruling on 26 February 2007.
  2. 2 Whether the decision of 12 August 2004 constituted a final decision attracting the functus officio rule.
  3. 3 Whether the absence of a condonation application rendered the rescission decision incomplete.

Ratio Decidendi

The court found that although it was convinced its conclusion was correct, the test for granting leave to appeal is whether there is a reasonable possibility that another court may come to a different conclusion. The main issue was whether the decision of 12 August 2004 was final and thus attracted the functus officio rule. The court reasoned that the second respondent acted in terms of section 144 and the CCMA Rules by dismissing the rescission application due to lack of condonation. However, it acknowledged that another court might find that the decision was not final or that the second respondent was entitled to reconsider the matter. Given the possibility of a different outcome, leave...

Court Disposition

Leave to appeal granted.

Orders

  • The application for leave to appeal is hereby granted.
  • Costs to be costs of appeal.