SACCAWU and Others v Woolworths (Pty) Ltd (J3159/12, JS1177/12) [2016] ZALCJHB 202 (6 June 2016)

SACCAWU and Others v Woolworths (Pty) Ltd (J3159/12, JS1177/12) [2016] ZALCJHB 202 (6 June 2016)

The court found that, despite its confidence in the correctness of its previous judgment, there exists a reasonable possibility that another court might reach a different decision regarding the fairness of the dismissal and the appropriateness of reinstatement. Therefore, leave to appeal should be granted to allow the matter to be reconsidered by a higher court.

Citation
[2016] ZALCJHB 202
Parties
Applicant: SACCAWU; Applicant: C Moeng and Others; Respondent: Woolworths (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 June 2016
Case Number
J3159/12, JS1177/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order
Outcome
Leave to appeal granted with no order as to costs.
Judges
Nkutha-Nkontwana
Legal Topics
Unfair Dismissal, Reinstatement, Leave to Appeal, Costs Order
Labour Law Unfair Dismissal Reinstatement Leave to Appeal Costs Order

Case Brief

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Parties

SACCAWU

Applicant

C Moeng and Others

Applicant

Woolworths (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against the finding of unfair dismissal and reinstatement.
  2. 2 Whether the court erred in granting the order for reinstatement and costs.

Ratio Decidendi

The court found that, despite its confidence in the correctness of its previous judgment, there exists a reasonable possibility that another court might reach a different decision regarding the fairness of the dismissal and the appropriateness of reinstatement. Therefore, leave to appeal should be granted to allow the matter to be reconsidered by a higher court.

Court Disposition

Leave to appeal granted with no order as to costs.

Orders

  • Leave to appeal is granted.
  • No order as to costs.