Watson v South African Rugby Union and Others (C672/15) [2017] ZALCCT 42 (6 September 2017)

Watson v South African Rugby Union and Others (C672/15) [2017] ZALCCT 42 (6 September 2017)

The court found that, given the contentious debates surrounding incompatibility and the importance of the matter to both parties, there are reasonable prospects that the Labour Appeal Court may reach a different conclusion to that reached in the review judgment. Accordingly, leave to appeal was granted.

Source-derived case information.

Citation
[2017] ZALCCT 42
Parties
Applicant: André Watson; Respondent: South African Rugby Union (‘SARU’); Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Joseph Wilson Thee
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
6 September 2017
Case Number
C672/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Leave to appeal granted; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Leave to Appeal, Reinstatement, Back Pay, Final Written Warning, Incompatibility, Arbitration Review
Labour Law Civil Procedure Leave to Appeal Reinstatement Back Pay Final Written Warning Incompatibility Arbitration Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

André Watson

Applicant

South African Rugby Union (‘SARU’)

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Joseph Wilson Thee

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may reach a different conclusion regarding the review judgment.
  2. 2 Whether the matter is of substantial importance to the parties.

Ratio Decidendi

The court found that, given the contentious debates surrounding incompatibility and the importance of the matter to both parties, there are reasonable prospects that the Labour Appeal Court may reach a different conclusion to that reached in the review judgment. Accordingly, leave to appeal was granted.

Court Disposition

Leave to appeal granted; no order as to costs.

Orders

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