South African Revenue Services v Commission for Conciliation Mediation And Arbitration and Others (D393/07) [2010] ZALCD 11 (30 December 2010)
The court found that the applicant had demonstrated reasonable prospects of success on appeal, particularly regarding the interpretation of the collective agreement and the application of the County Fair Foods precedent. The grounds of appeal raised substantive legal questions that could result in a different...
Source-derived case information.
- Citation
- [2010] ZALCD 11
- Parties
- Applicant: South African Revenue Services; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Paul Shabangu; Respondent: PSA obo Chartrooghoon
- Court
- Labour Court Durban
- Jurisdiction
- South Africa
- Case Number
- D393/07
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Labour Court Judgment Dismissing Review of Arbitration Award.
- Outcome
- Leave to appeal granted.
- Judges
- Cele
- Legal Topics
- Leave to Appeal, Collective Agreement Interpretation, Review of Arbitration Award, Prospects of Success
Source-derived case record
Summary, issues, holding and outcome
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Parties
South African Revenue Services
Applicant
Commission for Conciliation, Mediation and Arbitration
Respondent
Commissioner Paul Shabangu
Respondent
PSA obo Chartrooghoon
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Labour Court Judgment Dismissing Review of Arbitration Award.
Legal Issues
- 1 Whether the applicant has shown reasonable prospects of success on appeal.
- 2 Whether the Labour Court adopted the correct approach to the collective agreement.
- 3 Whether the decision in County Fair Foods (PTY) Ltd v CCMA was correctly applied.
Ratio Decidendi
The court found that the applicant had demonstrated reasonable prospects of success on appeal, particularly regarding the interpretation of the collective agreement and the application of the County Fair Foods precedent. The grounds of appeal raised substantive legal questions that could result in a different outcome before another court. Accordingly, leave to appeal was granted.
Court Disposition
Leave to appeal granted.
Orders
- Leave to appeal is granted.
- Costs shall be costs in the appeal.
Full Case Text
Judgment text and source record
32 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA
HELD IN DURBAN
Not Reportable
Case NO: D393/07
In the matter between:
SOUTH AFRICAN REVENUE SERVICES APPLICANT
and
COMMISSION FOR CONCILIATION, MEDIATION
AND ARBITRATION
FIRST RESPONDENT
COMMISSIONER PAUL SHABANGU
SECOND RESPONDENT
PSA obo CHATROOGHOON THIRD
RESPONDENT
Date of Hearing:1 5 September 2010
Date of Judgment: 30 December 2010
JUDGMENT
CELE J
Introduction
[1] In terms of section 166 of the Labour Relations Act,[1] (“the Act”) the applicant seeks leave to appeal against a final decision of this Court in this matter dated 30 December 2010. This court had dismissed applicant`s application to review and set aside an arbitration award dated 13 May 2007 issued in this matter by the second respondent. The applicant was ordered to pay costs of the review application. The third respondent has opposed this application on behalf of its member, Mr Chartrooghoon who is the erstwhile employee of the applicant.
[2] The question is whether the applicant has shown that there are reasonable prospects of success on appeal. Put different, the enquiry turns on whether there are reasonable prospects of another court concluding differently on the issues raised.
[3] I have considered the grounds of appeal outlined by the applicant in contending that two of the findings made by this Court were arrived at by the adoption of a wrong approach to a collective agreement governing the employment relationship between the parties. There is also the legal challenge to whether or not the decision in County Fair Foods (PTY) Ltd v CCMA[2] was correctly applied in this matter.
[4] Notwithstanding the contrary submissions made by the third respondent in opposing this application, I am of the view that there is a reasonable prospect of success on appeal.
[5] The application for leave to appeal is accordingly granted. Costs shall be costs in the appeal.
_____________________
Cele J
APPEARANCES
For theApplicant: Advocate Tim Bruinders SC
Instructed by Routledge Modise INC
For the Respondent Mr B Macgregor of Macgregor Erasmus
[1] 66 of 1995.
[2] (2003) 241 ILJ 355 (LAC).