South African Chemical Workers Union and Another v African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes (107/98) [2000] ZASCA 177; 2000 (3) SA 732 (SCA); (2000) 21 ILJ 1735 (SCA) (26 May 2000)

South African Chemical Workers Union and Another v African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes (107/98) [2000] ZASCA 177; 2000 (3) SA 732 (SCA); (2000) 21 ILJ 1735 (SCA) (26 May 2000)

Section 17(21A)(a) of the Labour Relations Act 28 of 1956 confers a right of appeal to any party to proceedings before the Industrial Court in respect of any dispute referred to it, not limited to determinations on the merits. The language of the section is sufficiently broad to include appeals against decisions on...

Source-derived case information.

Citation
[2000] ZASCA 177
Parties
Appellant: South African Chemical Workers Union; Appellant: P Dladla; Respondent: African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 May 2000
Case Number
107/98
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court to Supreme Court of Appeal
Outcome
Appeal dismissed with costs.
Judges
Smalberger, Marais, Zulman, Melunsky, Mpati
Legal Topics
Condonation, Appealability of Preliminary Orders, Jurisdiction of Industrial Court, Interpretation of Labour Relations Act
Labour Law Civil Procedure Condonation Appealability of Preliminary Orders Jurisdiction of Industrial Court Interpretation of Labour Relations Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

South African Chemical Workers Union

Appellant

P Dladla

Appellant

African Commerce Developing Company (Pty) Ltd t/a Buffalo Tapes

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court to Supreme Court of Appeal

Legal Issues

  1. 1 Is the Industrial Court's grant of condonation immediately appealable before the merits of the dispute are determined?
  2. 2 Does section 17(21A)(a) of the Labour Relations Act 28 of 1956 permit appeals against preliminary decisions such as condonation?
  3. 3 Did the Labour Appeal Court have jurisdiction to entertain the appeal at the stage it did?

Ratio Decidendi

Section 17(21A)(a) of the Labour Relations Act 28 of 1956 confers a right of appeal to any party to proceedings before the Industrial Court in respect of any dispute referred to it, not limited to determinations on the merits. The language of the section is sufficiently broad to include appeals against decisions on preliminary issues, such as condonation, provided the decision is final and disposes of a substantial issue. The legislative intent underlying the Act is to resolve disputes expeditiously and inexpensively, which would be undermined by requiring parties to wait until the merits are determined before appealing preliminary decisions. The Labour Appeal Court was correct in...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The appellants are ordered to pay the respondent's costs.