The Labour Court considered an application for leave to appeal against its earlier judgment and order of 11 February 2010. The court discussed whether the second respondent was functus officio when it issued a further ruling on 26 February 2007, and whether another court might reach a different conclusion on that issue.
This appears to concern leave to appeal in a Labour Court review matter and the treatment of functus officio in relation to CCMA rulings.
Evidence from source
This is an application for leave to appeal against the whole judgment and order made by this court on 11 February 2010.
Supports: The court considered an application for leave to appeal against its earlier judgment and order.
the main ground upon which the applicant contends that this court erred on is a finding that the second respondent was functus officio when it issued a further ruling on 26 February 2007.
Supports: The court discussed whether the second respondent was functus officio when it issued a further ruling on 26 February 2007.
Accordingly, the following order issues: The application for leave to appeal is hereby granted.
Supports: The court granted leave to appeal.