Solidarity obo Members Employed in Motor Industry v Automobile Manufacturers Employers' Organisation (AMEO) and Others (J872/15) [2018] ZALCJHB 73 (26 January 2018)
The court found that, after considering the submissions of both parties, there are reasonable prospects that another court may reach a different decision from the one previously handed down. Therefore, the applicant has prospects of success on appeal and leave to appeal should be granted.
Source-derived case information.
- Citation
- [2018] ZALCJHB 73
- Parties
- Applicant: Solidarity obo Members Employed in Motor Industry; Respondent: Automobile Manufacturers Employers' Organisation (AMEO); Respondent: Nissan SA (Pty) Ltd; Respondent: Toyota SA (Pty) Ltd; Respondent: Volkswagen SA (Pty) Ltd; Respondent: Ford Motor Company of SA (Pty) Ltd; Respondent: BMW SA (Pty) Ltd; Respondent: General Motors SA (Pty) Ltd; Respondent: Mercedes-Benz SA (Pty) Ltd; Respondent: National Bargaining Forum (Automobile Industry); Respondent: National Union of Metalworkers of South Africa (NUMSA)
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J872/15
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment
- Outcome
- Leave to appeal granted.
- Judges
- Lallie
- Legal Topics
- Leave to Appeal, Prospects of Success, Costs in Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solidarity obo Members Employed in Motor Industry
Applicant
Automobile Manufacturers Employers' Organisation (AMEO)
Respondent
Nissan SA (Pty) Ltd
Respondent
Toyota SA (Pty) Ltd
Respondent
Volkswagen SA (Pty) Ltd
Respondent
Ford Motor Company of SA (Pty) Ltd
Respondent
BMW SA (Pty) Ltd
Respondent
General Motors SA (Pty) Ltd
Respondent
Mercedes-Benz SA (Pty) Ltd
Respondent
National Bargaining Forum (Automobile Industry)
Respondent
National Union of Metalworkers of South Africa (NUMSA)
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment
Legal Issues
- 1 Whether the applicant has reasonable prospects of success on appeal.
- 2 Whether leave to appeal should be granted.
Ratio Decidendi
The court found that, after considering the submissions of both parties, there are reasonable prospects that another court may reach a different decision from the one previously handed down. Therefore, the applicant has prospects of success on appeal and leave to appeal should be granted.
Court Disposition
Leave to appeal granted.
Orders
- The application for leave to appeal is granted.
- Costs to be costs in the appeal.
Full Case Text
Judgment text and source record
49 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case no: J872/15
In the matter between:
SOLIDARITY obo MEMBERS EMPLOYED
IN MOTOR INDUSTRY
Applicant
and
AUTOMOBILE MANUFACTURERS EMPLOYERS’
ORGANISATION (AMEO)
First Respondent
NISSAN SA (PTY) LTD
Second Respondent
TOYOTA SA (PTY) LTD
Third Respondent
VOLKSWAGEN SA (PTY) LTD
Fourth Respondent
FORD MOTOR COMPANY OF SA (PTY) LTD
Fifth Respondent
BMW SA (PTY) LTD
Sixth Respondent
GENERAL MOTORS SA (PTY) LTD
Seventh Respondent
MERCEDES-BENZ SA (PTY) LTD
Eight Respondent
NATIONAL BARGAINING FORUM
(AUTOMOBILE INDUSTRY)
Ninth Respondent
NATIONAL UNION OF METALWORKERS
OF SOUTH AFRICA (NUMSA)
Tenth Respondent
Heard: Considered in Chambers
Delivered: 26 January 2018
JUDGMENT –
APPLCATION FOR LEAVE TO APPEAL
LALLIE J
[1] The applicant applied for leave to appeal against the whole of the judgment handed down on 15 August 2017. The application is opposed by the tenth respondent.
[2] I have carefully considered the submissions on behalf of the parties. I am of the view that there are reasonable prospects that another court may come to a decision different from the one I reached. The applicant therefore has prospects of success on appeal.
[3] I accordingly make the following order.
3.1 The application for leave to appeal is granted.
3.2 Costs to be costs in the appeal.
______________
Lallie J
Judge of the Labour Court of South Africa
APPEARANCES:
For the Applicant:
Solidarity
For the Third Respondent:
Ruth Edmonds Attorneys