Xaba v Portnet Limited (DA20/98) [1999] ZALAC 39 (19 October 1999)

Xaba v Portnet Limited (DA20/98) [1999] ZALAC 39 (19 October 1999)

The Labour Appeal Court held that the rules governing appeals from the industrial court to the Labour Appeal Court are ambiguous and, in some respects, unworkable, particularly regarding the calculation of deadlines for filing the record. The reference in rule 5(8) to the date of the order granting leave to appeal does not apply to appeals from the industrial court, as such appeals are automatic and do not require leave. Consequently, the appellant could not be deemed to have withdrawn the appeal under rule 5(17). The court further found that, although the appellant and respondent's representatives had agreed to refer the dispute to the industrial court, section 46(9)(d) only permits such...

Citation
[1999] ZALAC 39
Parties
Appellant: Jabulani Shadrack Xaba; Respondent: Portnet Limited
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
19 October 1999
Case Number
DA20/98
Procedural Posture
Civil Appeal / Appeal From Industrial Court to Labour Appeal Court
Outcome
Appeal dismissed with no order as to costs.
Judges
RMM Zondo, C R Nicholson, M T Mogoeng
Legal Topics
Jurisdiction of Industrial Court, Condonation, Late Filing of Record, Automatic Right of Appeal, Interpretation of Court Rules
Labour Law Civil Procedure Jurisdiction of Industrial Court Condonation Late Filing of Record Automatic Right of Appeal Interpretation of Court Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Jabulani Shadrack Xaba

Appellant

Portnet Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Industrial Court to Labour Appeal Court

Legal Issues

  1. 1 Whether the appellant failed to comply with any applicable rule of the Labour Appeal Court in delivering the record of appeal.
  2. 2 Whether the industrial court had jurisdiction to entertain the alleged unfair labour practice dispute.
  3. 3 Whether an agreement between the parties could confer jurisdiction on the industrial court under section 46(9)(d) of the old Act.

Ratio Decidendi

The Labour Appeal Court held that the rules governing appeals from the industrial court to the Labour Appeal Court are ambiguous and, in some respects, unworkable, particularly regarding the calculation of deadlines for filing the record. The reference in rule 5(8) to the date of the order granting leave to appeal does not apply to appeals from the industrial court, as such appeals are automatic and do not require leave. Consequently, the appellant could not be deemed to have withdrawn the appeal under rule 5(17). The court further found that, although the appellant and respondent's representatives had agreed to refer the dispute to the industrial court, section 46(9)(d) only permits such...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs is made.