Vereeniging Abttoir (Pty) Ltd v Food and Allied Workers Union and Others (J2151/13) [2014] ZALCJHB 452 (20 November 2014)
The court applied the established test for leave to appeal, which requires reasonable prospects that another court may reach a different decision. After considering the grounds raised by the applicant and the judgment previously delivered, the court found no reasonable prospects that the Labour Appeal Court would...
Source-derived case information.
- Citation
- [2014] ZALCJHB 452
- Parties
- Applicant: Vereeniging Abttoir (Pty) Ltd; Respondent: Food and Allied Workers Union; Respondent: Maweng and 14 Others
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- J2151/13
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Proceedings
- Outcome
- Application for leave to appeal refused.
- Judges
- Molahlehi
- Legal Topics
- Contempt of Court, Strike Interdict, Leave to Appeal, Citation of Parties
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vereeniging Abttoir (Pty) Ltd
Applicant
Food and Allied Workers Union
Respondent
Maweng and 14 Others
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Contempt Proceedings
Legal Issues
- 1 Whether leave to appeal should be granted against the dismissal of contempt proceedings.
- 2 Whether individuals not cited in the original interdict order can be held in contempt of court.
Ratio Decidendi
The court applied the established test for leave to appeal, which requires reasonable prospects that another court may reach a different decision. After considering the grounds raised by the applicant and the judgment previously delivered, the court found no reasonable prospects that the Labour Appeal Court would decide differently. The principle that individuals not cited in the original order cannot be held in contempt was reaffirmed, and the application for leave to appeal was refused.
Court Disposition
Application for leave to appeal refused.
Orders
- The applicant’s application for leave to appeal is refused.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF SOUTH AFRICA
THE LABOUR COURT, JOHANNESBURG
JUDGEMENT
Reportable
CASE NO: J 2151/13
In the matter between -
VEREENIGING ABTTOIR (PTY) LTD................................................................................Applicant
And
FOOD AND ALLIED WORKERS UNION...............................................................First Respondent
MAWENG AND 14 OTHERS.............................................................Second to Further Respondents
Delivered: 20 November 2014
Dealt with in chambers
JUDGMENT
MOLAHLEHI J
[1] This is an application for leave to appeal against the judgment of this Court made on 11 June 2014 in terms of which the applicant’s
application for the alleged Contempt of Court by the second to further respondents was dismissed.
[2] The issue which the Court was confronted with in that matter concerned the issue of whether the applicant instituted contempt
proceedings against the individuals who were not cited at the time the Order was made interdicting a strike action. The order interdicting the strike action from the basis upon which the applicant sought to have the second to further respondents found guilty of Contempt of Court. The Court found that as a general rule a person who was not cited before obtaining the Court Order cannot be held to be in contempt.
[3] The applicant has raised several grounds of leave to appeal which I do not deem necessary to repeat in this judgment but wish to indicate that I have taken them into consideration in arriving at the conclusion set out below.
[4] The test for leave to appeal is well known in our law. The test is whether there are reasonable prospects that another court may arrive at a decision different to the Court a quo.
[5] In the present matter having considered the submissions made, the judgment made by this Court in applying the above test of leave to appeal, I am not persuaded that there exist prospects that the Labour Appeal Court may arrive at a decision different to the one reached by this Court.
Order
[6] In the premises the applicant’s application for leave to appeal is refused with no order as to costs.
__
Molahlehi, J
Judge of the Labour Court