Tasima (Pty) Ltd v Road Traffic Management Corporation and Others (J890/2017) [2017] ZALCJHB 237 (5 June 2017)

Tasima (Pty) Ltd v Road Traffic Management Corporation and Others (J890/2017) [2017] ZALCJHB 237 (5 June 2017)

The court found that the matter raised a novel argument regarding the application of section 197 of the Labour Relations Act to public authorities, which constitutes a compelling reason for leave to appeal. However, the interim relief granted in paragraph 63.2 of the original order is interlocutory in nature and not appealable. The court interpreted 'final determination' in the order to include any appeals, and the interim relief was intended to operate pending the outcome of any appeal. The RTMC did not challenge the permissibility of such interim relief in its answering affidavit, and the relief was specifically sought by Tasima to protect employees during the appeal process....

Citation
[2017] ZALCJHB 237
Parties
Applicant: Tasima (Pty) Ltd; Respondent: Road Traffic Management Corporation; Respondent: Department of Transport; Respondent: Director General: Department of Transport; Respondent: Minister of Transport; Respondent: Employees listed in Annexure “A” to the Notice of Motion
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 June 2017
Case Number
J890/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 25 May 2017.
Outcome
Leave to appeal is granted against the whole of the judgment and order of 25 May 2017, except for paragraph 63.2 of the order, which is not appealable.
Judges
A J Steenkamp
Legal Topics
Section 197 Transfer, Interim Relief, Leave to Appeal, Superior Courts Act, Employment Contracts
Labour Law Civil Procedure Section 197 Transfer Interim Relief Leave to Appeal Superior Courts Act Employment Contracts

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Parties

Tasima (Pty) Ltd

Applicant

Road Traffic Management Corporation

Respondent

Department of Transport

Respondent

Director General: Department of Transport

Respondent

Minister of Transport

Respondent

Employees listed in Annexure “A” to the Notice of Motion

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order Dated 25 May 2017.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and order of 25 May 2017.
  2. 2 Whether the interim relief in paragraph 63.2 of the order is appealable or suspended pending appeal.
  3. 3 Interpretation and application of section 197 of the Labour Relations Act to public authorities.

Ratio Decidendi

The court found that the matter raised a novel argument regarding the application of section 197 of the Labour Relations Act to public authorities, which constitutes a compelling reason for leave to appeal. However, the interim relief granted in paragraph 63.2 of the original order is interlocutory in nature and not appealable. The court interpreted 'final determination' in the order to include any appeals, and the interim relief was intended to operate pending the outcome of any appeal. The RTMC did not challenge the permissibility of such interim relief in its answering affidavit, and the relief was specifically sought by Tasima to protect employees during the appeal process....

Court Disposition

Leave to appeal is granted against the whole of the judgment and order of 25 May 2017, except for paragraph 63.2 of the order, which is not appealable.

Orders

  • Leave to appeal is granted against the whole of the judgment and order of 25 May 2017, except for paragraph 63.2 of the order.
  • Costs of this application are to be costs in the appeal.