SATAWU obo Members v Command Security Services (Pty) Ltd and Others (JR437/01, JR787/02) [2016] ZALCJHB 141 (8 April 2016)

SATAWU obo Members v Command Security Services (Pty) Ltd and Others (JR437/01, JR787/02) [2016] ZALCJHB 141 (8 April 2016)

The court found that, having considered the submissions of both parties, there exists a reasonable prospect that another court may reach a different conclusion on the grounds advanced by the respondents. Accordingly, leave to appeal was granted against the judgment which held the first respondent liable as the employer and ordered reinstatement of the applicant's members.

Citation
[2016] ZALCJHB 141
Parties
Applicant: SATAWU obo 212 Members; Respondent: Command Security Services (Pty) Ltd; Respondent: Mohammed Iqbal Parker; Respondent: Kalman Gordon Druker; Respondent: Maurice Musa Mdlolo; Respondent: Simon Banda; Respondent: Wilson Rich and Associates; Respondent: Stephen Van Diggele; Respondent: Susanna Hendrina Rentzke; Respondent: Chagan Jadav Vaghela; Respondent: Marius Potgieter; Respondent: Mohammed Shaffie Mowzer; Respondent: IXIA Trading 234 (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 April 2016
Case Number
JR437/01, JR787/02
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Employer Identity and Reinstatement Order.
Outcome
Leave to appeal granted.
Judges
AC Basson
Legal Topics
Employer Identity, Reinstatement Order, Leave to Appeal
Labour Law Employer Identity Reinstatement Order Leave to Appeal

Case Brief

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Parties

SATAWU obo 212 Members

Applicant

Command Security Services (Pty) Ltd

Respondent

Mohammed Iqbal Parker

Respondent

Kalman Gordon Druker

Respondent

Maurice Musa Mdlolo

Respondent

Simon Banda

Respondent

Wilson Rich and Associates

Respondent

Stephen Van Diggele

Respondent

Susanna Hendrina Rentzke

Respondent

Chagan Jadav Vaghela

Respondent

Marius Potgieter

Respondent

Mohammed Shaffie Mowzer

Respondent

IXIA Trading 234 (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Employer Identity and Reinstatement Order.

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the identity of the employer and liability for reinstatement.
  2. 2 Whether leave to appeal should be granted against the judgment holding the first respondent liable.

Ratio Decidendi

The court found that, having considered the submissions of both parties, there exists a reasonable prospect that another court may reach a different conclusion on the grounds advanced by the respondents. Accordingly, leave to appeal was granted against the judgment which held the first respondent liable as the employer and ordered reinstatement of the applicant's members.

Court Disposition

Leave to appeal granted.

Orders

  • Leave to appeal is granted.
  • Costs to be costs in the appeal.