Charles and Others v Gauteng Department of Health (Kopanong Hostpital) and Others (JA67/06) [2007] ZALAC 18 (22 June 2007)

60 Reportability

Brief Summary

Labour Law — Appeal — Referral to CCMA — Appellants challenged the decision of the lower court regarding their complaint against the Gauteng Department of Health. The Labour Appeal Court found that the order of the court a quo was to be set aside and the matter referred to the CCMA for an expeditious hearing. The legal issue concerned the appropriate forum for the resolution of the appellants' complaint. The court concluded that the referral to the CCMA was warranted.

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[2007] ZALAC 18
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Charles and Others v Gauteng Department of Health (Kopanong Hostpital) and Others (JA67/06) [2007] ZALAC 18 (22 June 2007)

IN THE LABOUR APPEAL COURT OF
SOUTH AFRICA
(HELD AT JOHANNESBURG)
Case No.: JA 67/06
On
the 22
nd
day of June 2007
Before
the Honourable Justices Davis, Jappie and Leeuw, Acting Judges of
Appeal
In
the matter between:
WILHELMIEN
MAGDALENA CHARLES 1
ST
APPELLANT
DOCTORS
FOR LIFE INTERNATIONAL 2
ND
APPELLANT
JOHN
JACKSON SMYTH 3
RD
APPELLANT
AND
GAUTENG
DEPARTMENT OF HEALTH
(KOPANONG
HOSPITAL) 1
ST
RESPONDENT
MEMBER
OF EXECUTIVE COUNCIL FOR
HEALTH
(GAUTENG) 2
ND
RESPONDENT
THE
NATIONAL MINISTER OF HEALTH 3
RD
RESPONDENT
ORDER
Having
heard counsel for the parties and considering the matter:
IT
IS ORDERED THAT:
The order of the Court
a quo
is set aside.
The complaint of the Appellant is referred to the CCMA
for expeditious hearing.
BY THE COURT
REGISTRAR