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South Africa Ruling

Labour Court Johannesburg

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

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Source document

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

Applicant

Ngwenya, DJ N.O

Respondent

Commissioner for Conciliation, Mediation and Arbitration

Respondent

Hadebe & 13 Others

Respondent

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

Source document

Labour Court Johannesburg

Ruling

[2016] ZALCJHB 25

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Union of Mineworkers v Council for Mineral Technology [1999] 3 BLLR 209 (LAC)

Case cited

Superior Courts Act, 10 of 2013

Legislation

Legislation referenced in the available case record.

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