SASBO Finance Union and Another v Standard Bank of South Africa Ltd (JR252/22) [2024] ZALCJHB 443 (12 November 2024)

SASBO Finance Union and Another v Standard Bank of South Africa Ltd (JR252/22) [2024] ZALCJHB 443 (12 November 2024)

The judgment granting leave to appeal was erroneously made because the court was unaware of the respondent's opposing submissions, which had been properly served and filed. Rule 16A(1)(a)(i) of the Labour Court Rules empowers the court to rescind such an order mero metu, without application by the affected party, when it is clear that the order was granted in error. The court applied the test from Beveral Investment T/A KFC v Fraser and Another, finding that had it been aware of the respondent's submissions, it would not have granted the order as it did. Therefore, the rescission of the judgment is warranted and the application for leave to appeal must be considered on an opposed basis.

Citation
[2024] ZALCJHB 443
Parties
Applicant: SASBO, THE FINANCE UNION; Applicant: MMAKGOSI MORUDU; Respondent: STANDARD BANK OF SOUTH AFRICA LTD; Respondent: COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION; Respondent: COMMISSIONER LEN DEKKER N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 November 2024
Case Number
JR252/22
Procedural Posture
Review Application / Rescission of Judgment
Outcome
The judgment granting leave to appeal is rescinded and the application for leave to appeal will be considered as opposed.
Judges
G MAFA-CHALI
Legal Topics
Rescission of Judgment, Leave to Appeal, Labour Court Rules, Erroneous Granting of Order
Labour Law Civil Procedure Rescission of Judgment Leave to Appeal Labour Court Rules Erroneous Granting of Order

Case Brief

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Parties

SASBO, THE FINANCE UNION

Applicant

MMAKGOSI MORUDU

Applicant

STANDARD BANK OF SOUTH AFRICA LTD

Respondent

COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION

Respondent

COMMISSIONER LEN DEKKER N.O.

Respondent

Procedural Posture

Review Application / Rescission of Judgment

Legal Issues

  1. 1 Whether the judgment granting leave to appeal was erroneously granted in the absence of consideration of the respondent's opposing submissions.
  2. 2 Whether the requirements for rescission under Rule 16A(1)(a)(i) of the Labour Court Rules are met.

Ratio Decidendi

The judgment granting leave to appeal was erroneously made because the court was unaware of the respondent's opposing submissions, which had been properly served and filed. Rule 16A(1)(a)(i) of the Labour Court Rules empowers the court to rescind such an order mero metu, without application by the affected party, when it is clear that the order was granted in error. The court applied the test from Beveral Investment T/A KFC v Fraser and Another, finding that had it been aware of the respondent's submissions, it would not have granted the order as it did. Therefore, the rescission of the judgment is warranted and the application for leave to appeal must be considered on an opposed basis.

Court Disposition

The judgment granting leave to appeal is rescinded and the application for leave to appeal will be considered as opposed.

Orders

  • The judgment handed down on 31 October 2024 is rescinded.
  • The applicant's application for leave to appeal shall be considered on an opposed basis.