Tafeni v Commission for Conciliation, Mediation and Arbitration and Others (PR45/17) [2019] ZALCPE 29 (19 September 2019)

Tafeni v Commission for Conciliation, Mediation and Arbitration and Others (PR45/17) [2019] ZALCPE 29 (19 September 2019)

The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding the dismissal of his review application. The grounds advanced by the applicant did not raise novel points of law or misinterpretation of existing law, nor did they show incorrect application of the facts. The amendments to section 198 of the Labour Relations Act do not apply retrospectively to the applicant's case. The applicant's expectation of reinstatement to a higher position was unfounded. The court exercised its discretion not to award costs, finding that law and fairness did not justify a punitive costs order against the applicant.

Citation
[2019] ZALCPE 29
Parties
Applicant: Odwa Tafeni; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Sonja Killian; Respondent: Eastern Cape Rural Development Agency; Respondent: Sheldon Recruitment and Selection
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
19 September 2019
Case Number
PR45/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
D Mahosi
Legal Topics
Leave to Appeal, Fixed Term Contracts, Section 198b Lra, Costs in Labour Matters
Labour Law Civil Procedure Leave to Appeal Fixed Term Contracts Section 198b Lra Costs in Labour Matters

Case Brief

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Parties

Odwa Tafeni

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Sonja Killian

Respondent

Eastern Cape Rural Development Agency

Respondent

Sheldon Recruitment and Selection

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Dismissal of Review Application

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion than the Labour Court.
  2. 2 Whether the amendments to section 198 of the Labour Relations Act apply retrospectively to the applicant's case.
  3. 3 Whether the applicant could be reinstated to a position he never occupied.

Ratio Decidendi

The court found that the applicant failed to demonstrate reasonable prospects that another court would reach a different conclusion regarding the dismissal of his review application. The grounds advanced by the applicant did not raise novel points of law or misinterpretation of existing law, nor did they show incorrect application of the facts. The amendments to section 198 of the Labour Relations Act do not apply retrospectively to the applicant's case. The applicant's expectation of reinstatement to a higher position was unfounded. The court exercised its discretion not to award costs, finding that law and fairness did not justify a punitive costs order against the applicant.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.