South African Police Service v Gongota and Another (PR221/20) [2024] ZALCPE 48 (25 November 2024)
The application for leave to appeal was dismissed because the grounds advanced by the employee were based on a fundamental misunderstanding of the main judgment and a lack of appreciation of the legal basis for the review and setting aside of the arbitration award. The commissioner had failed to afford both parties...
Source-derived case information.
- Citation
- [2024] ZALCPE 48
- Parties
- Applicant: South African Police Service; Respondent: Vuyani S. Gongota; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Randell, C N.O.
- Court
- Labour Court Port Elizabeth
- Jurisdiction
- South Africa
- Case Number
- PR221/20
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Review Judgment
- Outcome
- Application for leave to appeal dismissed.
- Judges
- M Makhura
- Legal Topics
- Unfair Dismissal, Review of Arbitration Award, Leave to Appeal, Procedural Fairness
Source-derived case record
Summary, issues, holding and outcome
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Parties
South African Police Service
Applicant
Vuyani S. Gongota
Respondent
Safety and Security Sectoral Bargaining Council
Respondent
Randell, C N.O.
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Legal Issues
- 1 Whether the application for leave to appeal against the review judgment has reasonable prospects of success.
- 2 Whether the grounds for leave to appeal raise any arguable point of law or fact deserving the attention of the Labour Appeal Court.
Ratio Decidendi
The application for leave to appeal was dismissed because the grounds advanced by the employee were based on a fundamental misunderstanding of the main judgment and a lack of appreciation of the legal basis for the review and setting aside of the arbitration award. The commissioner had failed to afford both parties an opportunity to present their case on the fairness of the dismissal, justifying the review. The application did not raise any arguable point of law or fact and there were no compelling reasons to refer the matter to the Labour Appeal Court. Accordingly, there were no reasonable prospects of success for the appeal.
Court Disposition
Application for leave to appeal dismissed.
Orders
- The application for leave to appeal is dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
THE LABOUR COURT OF SOUTH AFRICA, GQEBERHA
Not Reportable
Case No: PR221/20
In the matter between:
SOUTH AFRICAN POLICE SERVICE Applicant and VUYANI S. GONGOTA First Respondent SAFETY AND SECURITY SECTORAL BARGAINING COUNCIL Second Respondent RANDELL, C N.O. Third Respondent
Heard: In Chambers
Delivered: 25 November 2024
JUDGMENT
MAKHURA, J
[1] This is an application brought by the first respondent (employee) for leave to appeal the whole judgment and order of this court handed down on 14 October 2024, in terms of which this Court reviewed and set aside the award and referred the matter to the second respondent for arbitration on the unfair dismissal dispute. The primary reason for the decision was that the commissioner determined the dismissal dispute without affording the applicant (SAPS), and as a matter of fact both parties, an opportunity to present the case on the fairness or otherwise of the employee’s dismissal.
[2] The employee had, simultaneously with his application for leave to appeal on 4 November 2024, filed his submissions in terms of rule 67(5) of the Rules of this Court. The SAPS’ submissions were due 5 days after receipt of the employee’s submissions. That period expired on 11 November 2024 and the SAPS had not filed its submissions. This application is therefore determined unopposed.
[3] I have considered the employee’s grounds upon which leave to appeal is sought and his written submissions. It is not necessary to regurgitate them in this judgement. The grounds advanced are in my view based on either a fundamental misapprehension of the main judgment or simply a lack of appreciation of the legal basis upon which the award was reviewed and set aside. For that reason, the application for leave to appeal would have no reasonable prospects of success and is not deserving of the higher court’s attention. It does not raise any arguable point and there are no compelling reasons to send it to the Labour Appeal Court.
[4] In the premises, the following order is made:
Order
1. The application for leave to appeal is dismissed.
M. Makhura
Judge of the Labour Court of South Africa