CCT44/03

[2003] ZACC 14

2004 (3) BCLR 237 (CC)

The Court

14 November 2003

http://hdl.handle.net/20.500.12144/2199

Application to Constitutional Court for leave to appeal against a decision of the Labour Appeal Court (LAC) in Halgang Properties CC v Western Cape Workers Association [2002] 10 BLLR 919 (LAC). Labour Appeal Court judgment upheld an appeal against the decision of the LC which had ordered the reinstatement of employees in Western Cape Workers Association v Halgang Properties CC (2001) 22 ILJ 1421 (LC).

Application for special leave to appeal. Case raises the issues of unfair labour practices and transfer of business as going concern. The trade union approached the Constitutional Court on behalf of the dismissed workers for leave to appeal against the decision of the LAC. It alleged that the decision of the LAC infringed the rights of the workers to fair labour practices and asked the Constitutional Court to order the reinstatement of the two workers. The Constitutional Court found in the circumstances that the union has no prospects of persuading it that the workers should be reinstated. It concluded that it was therefore not in the interest of justice to grant leave to appeal.