Tractor and Engineering CC v Ngwenya NO and Others (J6051/00) [2016] ZALCJHB 25 (29 January 2016)
- Citation
- [2016] ZALCJHB 25
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Mothibi
- Case number
- J6051/00
More details
- Court
- Labour Court Johannesburg
- Panel
- Mothibi
- Case number
- J6051/00
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that, having regard to the issue of the missing record and the test applied in considering the applicant's review application, there is a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal to the Labour Appeal Court is granted. The costs of the application for leave to appeal are reserved for determination by the Labour Appeal Court.
Court disposition
Leave to appeal to the Labour Appeal Court is granted.
Orders
- Leave to appeal to the Labour Appeal Court is granted against the judgment delivered on 15 January 2015 under case numbers J605/2000 and J1796/2003.
- The costs for the application for leave to appeal are reserved and are to be determined by the Labour Appeal Court.
02
Material facts
Parties
Tractor and Engineering CC
ApplicantNgwenya, DJ N.O
RespondentCommissioner for Conciliation, Mediation and Arbitration
RespondentHadebe & 13 Others
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
04
Questions and positions
Legal issues
- 01
Whether leave to appeal should be granted against the judgment dismissing the review application.
- 02
Whether the issue of the missing record and the test applied in the review warrant reconsideration by another court.
Party arguments
- Applicant
- The applicant contended that the judgment dismissing its review application was incorrect, particularly in relation to the handling of the missing record and the legal test applied. It argued that these issues are material and that another court may reach a different conclusion.
- Respondent
- The Third to Further Respondents opposed the application for leave to appeal, submitting that the judgment was correct and that no reasonable prospects of success exist for an appeal. They maintained that the review was properly dismissed and the compensation variation order was appropriate.
05
Court’s reasoning
Legal principles
- 01
Section 17(1) of the Superior Courts Act, 10 of 2013
Leave to appeal should be granted where there is a reasonable prospect that another court may come to a different conclusion.
- 02
National Union of Mineworkers v Council for Mineral Technology [1999] 3 BLLR 209 (LAC)
The absence of a complete record may affect the fairness of review proceedings and the ability of the court to properly assess the merits.
06
Ratio, limits and disposition
Ratio decidendi
The court found that, having regard to the issue of the missing record and the test applied in considering the applicant's review application, there is a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal to the Labour Appeal Court is granted. The costs of the application for leave to appeal are reserved for determination by the Labour Appeal Court.
Obiter and limits
- The court did not make an order as to costs in the original judgment, and the costs for the leave to appeal application are reserved for the appeal court.
- The matter was decided in chambers without oral argument.
Court disposition
Leave to appeal to the Labour Appeal Court is granted.
- Leave to appeal to the Labour Appeal Court is granted against the judgment delivered on 15 January 2015 under case numbers J605/2000 and J1796/2003.
- The costs for the application for leave to appeal are reserved and are to be determined by the Labour Appeal Court.
Source and reliance status
Labour Court Johannesburg
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Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Case No J6051/00
In the matter between:
TRACTOR
AND ENGINEERING CC
Applicant
and
NGWENYA, DJ N.O
First Respondent
COMMISSIONER FOR CONCILIATION,MEDIATION AND
ARBITRATION
Second Respondent
HADEBE & 13
OTHERS
Third to Further Respondents
Date: 29 January 2016
Decided in chambers
JUDGMENT
MOTHIBI, AJ
Introduction:
[1] This is an application for leave to appeal against a judgment that was delivered on 15 January 2015. In that judgment I dismissed the Applicant’s review application save for a variation order on the issue of compensation payable to the Third to Further Respondents. There was no order as to costs.
Analysis:
[2] I have considered the Applicant’s submissions as well as the Third to Further Respondents submissions opposing the application for leave to appeal.
[3] I am satisfied that another Court may come to a different conclusion having regard to the issue of the missing record and the test that was applied in considering the Applicant’s review application.
Order:
I. Leave to appeal to the Labour Appeal Court is granted against the judgment delivered on 15 January 2015 under case numbers J605/2000 and J1796/2003.
II. The costs for the application for leave to appeal are reserved and are to be determined by the Labour Appeal Court.
______
Mothibi, AJ
Acting Judge of the Labour Court of South Africa
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