Tractor and Engineering CC v Ngwenya NO and Others (J6051/00) [2016] ZALCJHB 25 (29 January 2016)

Tractor and Engineering CC v Ngwenya NO and Others (J6051/00) [2016] ZALCJHB 25 (29 January 2016)

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.

Citation
[2016] ZALCJHB 25
Parties
Applicant: Tractor and Engineering CC; Respondent: Ngwenya, DJ N.O; Respondent: Commissioner for Conciliation, Mediation and Arbitration; Respondent: Hadebe & 13 Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 January 2016
Case Number
J6051/00
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal to the Labour Appeal Court is granted.
Judges
Mothibi
Legal Topics
Leave to Appeal, Review of Arbitration Award, Missing Record, Compensation Variation
Labour Law Civil Procedure Leave to Appeal Review of Arbitration Award Missing Record Compensation Variation

Case Brief

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Parties

Tractor and Engineering CC

Applicant

Ngwenya, DJ N.O

Respondent

Commissioner for Conciliation, Mediation and Arbitration

Respondent

Hadebe & 13 Others

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment dismissing the review application.
  2. 2 Whether the issue of the missing record and the test applied in the review warrant reconsideration by another court.

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.

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.