Airline Pilots Association of South Africa (ALPA-SA) as represented by the South African Airways Pilots Association (SAAPA), a branch of ALPA-SA obo Members v South African Airways (SOC) Limited and Others (J398/21) [2021] ZALCJHB 159 (19 July 2021)

Airline Pilots Association of South Africa (ALPA-SA) as represented by the South African Airways Pilots Association (SAAPA), a branch of ALPA-SA obo Members v South African Airways (SOC) Limited and Others (J398/21) [2021] ZALCJHB 159 (19 July 2021)

The court found that the applicant failed to establish any proper grounds demonstrating reasonable prospects of success on appeal. The issues raised in the application for leave to appeal had already been adequately disposed of in the main judgment. The court was not convinced that there was any compelling reason...

Source-derived case information.

Citation
[2021] ZALCJHB 159
Parties
Applicant: The Airline Pilots’ Association of South Africa (ALPA-SA), as represented by the South African Airways Pilots’ Association (SAAPA), a branch of ALPA-SA obo Members; Respondent: South African Airways (SOC) Limited; Respondent: Les Matuson N.O.; Respondent: Siviwe Dongwana N.O.; Respondent: The Minister of Public Enterprises N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 July 2021
Case Number
J398/21
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Interim and Declaratory Relief.
Outcome
Application for leave to appeal dismissed with no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Leave to Appeal, Reasonable Prospects of Success, Urgent Application, Costs Order
Labour Law Civil Procedure Leave to Appeal Reasonable Prospects of Success Urgent Application Costs Order

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Parties

The Airline Pilots’ Association of South Africa (ALPA-SA), as represented by the South African Airways Pilots’ Association (SAAPA), a branch of ALPA-SA obo Members

Applicant

South African Airways (SOC) Limited

Respondent

Les Matuson N.O.

Respondent

Siviwe Dongwana N.O.

Respondent

The Minister of Public Enterprises N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Interim and Declaratory Relief.

Legal Issues

  1. 1 Whether the applicant has established reasonable prospects of success on appeal against the dismissal of its urgent application.
  2. 2 Whether there is any compelling reason for the appeal to be heard despite the main judgment.
  3. 3 Whether the application for leave to appeal meets the threshold set by section 17(1) of the Superior Courts Act.

Ratio Decidendi

The court found that the applicant failed to establish any proper grounds demonstrating reasonable prospects of success on appeal. The issues raised in the application for leave to appeal had already been adequately disposed of in the main judgment. The court was not convinced that there was any compelling reason for the appeal to be heard, nor that the applicant's case met the threshold required by section 17(1) of the Superior Courts Act. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with no order as to costs.

Orders

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